In the heart of Miami Beach’s busiest visitor corridor, Ocean Drive is known as a place where police attention can be high—especially during peak nightlife and spring-break periods. For consumers and tourists, the most important point is simple: Florida is not an adult-use (recreational) cannabis state, so possession outside Florida’s medical program can still trigger arrest, a criminal record, and collateral consequences.
1. “Flower” cannabis: the 20-gram line matters.
Under Florida law, possession of 20 grams or less of cannabis is typically prosecuted as a first-degree misdemeanor—meaning the statutory maximum is up to 1 year in jail and up to a $1,000 fine.
Once the amount goes over 20 grams, the case can escalate to a felony (commonly a third-degree felony), carrying significantly higher exposure (often cited as up to 5 years and up to a $5,000 fine).
2. Concentrates, vapes, and many edibles can be treated more harshly than tourists expect.
A frequent South Beach pitfall is assuming a vape cartridge or THC “wax” is treated the same as a small amount of flower. In Florida, THC concentrates are often charged under controlled-substance rules that can turn even a small amount into a felony-level possession allegation.
Practical takeaway: a visitor holding a tiny vape cart can face consequences that feel “out of proportion” compared with a small amount of bud.
3. Drug paraphernalia can be its own charge.
Items such as a pipe, grinder, or other equipment associated with use can be charged separately. Under Florida’s drug paraphernalia statute, use or possession of paraphernalia can be prosecuted as a first-degree misdemeanor—separate from the cannabis itself.
4. A conviction can affect driving privileges—even if no car is involved.
Florida law allows courts to direct a driver’s license suspension (or delay in eligibility) after certain drug convictions. The statute describes a 6-month suspension or withholding structure, with limited exceptions for restricted business-driving privileges.
For tourists, this can become a travel headache quickly—especially if a rental car is involved.
5. Miami Beach has signaled tougher local handling for low-level marijuana.
Miami Beach has publicly moved to tighten its approach to low-level marijuana cases by removing an optional civil citation pathway for small-amount possession and paraphernalia. As a result, more cases can remain in the criminal system rather than being resolved with a simple ticket.
Bottom line for Ocean Drive visitors
Around Ocean Drive, the penalty risk isn’t just “how much.” It’s how it’s packaged (flower vs. concentrate), what else is in a pocket or bag (paraphernalia), and whether the city chooses to pursue a criminal case rather than a civil citation. Visitors who want to avoid legal trouble should treat public areas as zero-tolerance zones and remember that Florida medical protections generally require proper authorization and compliance—otherwise, even “vacation-sized” cannabis can become a court problem fast.