Miami-Dade County, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Threshold
- 20 grams or less of cannabis
- Civil citation fine
- $100 under § 8CC-10
- Scope
- Countywide, including all 34 cities
- Diversion program
- Available under § 8CC-5.1
- Officer discretion
- Citation not guaranteed; arrest still possible
Summary
Miami-Dade officers can issue a $100 civil citation instead of an arrest for possessing 20 grams or less of cannabis, countywide including all 34 municipalities, entirely at the officer's discretion.
(d)The following misdemeanor violations...are eligible to receive a civil violation notice pursuant to chapter 8CC of the Code of Miami-Dade County, Florida, at the discretion of a law enforcement officer, provided that such violations are not charged in conjunction with any charge that is a felony, driving under the influence (DUI), incident involving domestic violence, or violent crime...:...(6)Possession of Cannabis in an amount of 20 grams or less, as set forth in Fla. Stat. section 893.13(6)(b), as such may be amended from time to time
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Under Sec. 21-81(d)(6) of the Uniform Penal Ordinance, possession of 20 grams or less of cannabis, still a misdemeanor under Fla. Stat. section 893.13(6)(b), is eligible for a civil violation notice under Chapter 8CC instead of criminal arrest, at a law enforcement officer's discretion. The citation carries a $100 fine per the Chapter 8CC civil penalty schedule at section 8CC-10, and the violator becomes eligible for the county's Diversion Program under section 8CC-5.1. The option is unavailable if the cannabis charge accompanies a felony, DUI, domestic violence, or other violent-crime charge, and officers may still choose to arrest instead.
Violations & Fines
Skipping the civil citation leaves the criminal route open: cannabis possession can still be charged as a misdemeanor, punishable under Sec. 21-81(c) by up to $500 and 60 days in county jail.
Frequently Asked Questions
Is marijuana legal to possess in Miami-Dade County?
Does the civil citation apply in Miami, Hialeah, Miami Beach and other cities?
When can't I get a civil citation instead of arrest?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida public conduct overview
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