Ocean Drive Cannabis Rules: What’s Legal (and What Isn’t) in Miami Beach

Ocean Drive sits at the center of Miami Beach tourism, but when it comes to cannabis, the rules are shaped by Florida state law first—and then reinforced by Miami Beach’s public-space regulations and active enforcement posture.

Start with the big picture: Florida does not allow adult-use recreational marijuana sales or public consumption. Legal access is primarily limited to the state’s medical marijuana program, governed by Florida law and administered by the Florida Department of Health.

Public consumption on Ocean Drive is a high-risk choice

For consumers and visitors, the most important practical rule is simple: using cannabis in public is a bad bet in Miami Beach. The City of Miami Beach explicitly warns that “narcotics and marijuana” are illegal, and the city communicates a broader “take care of our city” message that pairs drug enforcement with other quality-of-life rules along the beach corridor.

That matters on Ocean Drive because the most common visitor behavior—walking the strip, stopping near the beach, or hanging out in public areas—can quickly turn into a “public use” situation. Even if someone has legally purchased medical products in Florida, public use is not treated like a protected activity, and visitors should assume they could be stopped, cited, or arrested depending on the circumstances. Florida’s medical program guidance emphasizes that qualified patients should use medical marijuana at home or on private property, not in public.

Possession thresholds can still lead to criminal charges

Florida law also matters for what’s in a pocket, purse, or car. Under Florida Statute 893.13, possession of 20 grams or less of cannabis is a first-degree misdemeanor (with penalties set elsewhere in state law). More than that can escalate to felony territory.

Enforcement in Miami Beach has been notably strict

Miami Beach has drawn attention for enforcement intensity compared with other places in Florida, including marijuana arrests tied to public behavior in the Ocean Drive/South Beach area. Local reporting has highlighted Miami Beach’s approach and arrest numbers, underscoring that visitors should not assume a “warning only” culture.

The safest “rule of thumb” for Ocean Drive visitors

For practical compliance, the safest approach is:

Don’t smoke or vape cannabis in public (sidewalks, beach areas, parks, or outside venues).
Avoid carrying cannabis products loosely where they can create probable-cause disputes.
Use only on private property with permission—and remember that hotel policies often prohibit smoking of any kind.
Never drive impaired; Miami Beach’s broader enforcement plans routinely emphasize DUI enforcement during peak weekends.

For tourists, Ocean Drive can be an unforgettable experience—just not a place where public cannabis consumption is treated casually.