West Palm Beach, FL Public Conduct: Public Marijuana Use (2026)
Key Facts
- Civil fine
- $100.00 flat fine
- Possession threshold
- 20 grams or less
- Appeal window
- 10 days, in writing
- Enforcing agency
- West Palm Beach Police Department
- Governing section
- City Code Sec. 54-1(c)
- Exclusions
- Felony, DUI, domestic violence, violent crime
Summary
West Palm Beach lets police issue a civil citation, not a criminal charge, for possessing 20 grams or less of cannabis or drug paraphernalia in public. The violator pays a $100 fine under Sec. 54-1(c) of the city code instead of facing a state misdemeanor charge, unless the incident involves a felony, DUI, domestic violence or violent crime.
(c)Notwithstanding subsection (a), the following misdemeanors under state law are eligible for the issuance of a civil violation notice by a law enforcement officer provided that such violations are not charged in conjunction with any felony, driving under the influence, incident involving domestic violence or violent crime, as those terms are defined under state law:(1)Possession of cannabis in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b), as such may be amended from time to time; and/or(2)Possession of drug paraphernalia, as set forth in F.S. §§ 893.146 and 893.147(1)(b), as such may be amended from time to time.(3)Penalties and enforcement.a.A person violating subsection (c)(1) or (2) shall receive a civil fine of $100.00.b.Enforcement. The police department shall enforce this section.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 76).
Full Breakdown
City Code Sec. 54-1 first adopts every state misdemeanor as a city offense, punishable by up to a $500 fine or 60 days in jail. Subsection (c), added by Ord. No. 147(1)(b). A West Palm Beach police officer may issue a civil violation notice for either offense instead of arresting or criminally charging the person, provided the conduct is not tied to a felony, DUI, domestic violence incident or violent crime. 00 fine under subsection (3)a, and the police department is designated as the enforcing agency.
A person served with the notice has two choices within ten days: pay the fine as instructed, or request a written administrative hearing before a special magistrate to contest it, following the appeal procedure in Sec. 26-37 of the code. Missing the ten-day window is treated as an admission of the violation and a waiver of the hearing right, and the special magistrate has no discretion to reduce the $100 fine once liability is established. An unpaid fine can be recorded as a lien against the violator's real or personal property, enforceable like a court judgment, and the city may foreclose on that lien 61 days after recording if it remains unpaid.
Because subsection (c) is discretionary ('eligible for issuance'), an officer retains the option to instead pursue the matter as a standard state misdemeanor, which under subsection (b) carries penalties up to the state-law maximum for that offense.
Violations & Fines
A first civil citation under Sec. 54-1(c) carries a flat $100.00 fine, payable to the city or appealable in writing to a special magistrate within ten days of service. Failure to pay or appeal is deemed an admission and the fine becomes a recorded lien enforceable against the violator's property, with foreclosure possible 61 days after recording. If police instead pursue the underlying state misdemeanor rather than the civil route, penalties follow F.S. Ch. 893 rather than this section.
Frequently Asked Questions
Is marijuana possession legal in West Palm Beach?
What happens if I don't pay the $100 citation?
Can I still be arrested for cannabis possession here?
Sources & Official References
Other rules in West Palm Beach
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