On paper, Florida’s marijuana laws are straightforward: unless someone is a qualified medical marijuana patient following state rules, cannabis possession remains illegal—and small amounts can still lead to arrest. Under Florida law, possession of 20 grams or less is a first-degree misdemeanor, while larger amounts can escalate into felony territory.
In practice, how that plays out for consumers depends heavily on where they are standing. Nowhere is that more apparent than Miami Beach—particularly the Ocean Drive corridor—where local leaders have repeatedly treated low-level marijuana enforcement as part of a broader public-safety strategy tied to crowd control, quality-of-life complaints, and spring-break policing.
A city that “stands out” on misdemeanor marijuana arrests
Regional data shows marijuana arrests have generally become less common across Miami-Dade County, but Miami Beach has drawn scrutiny for moving in the opposite direction at key moments. In 2024, Miami Beach police made 166 arrests for misdemeanor amounts of marijuana by late July, representing a significant share of such arrests in the county during that period.
That enforcement posture also became a policy issue at City Hall. In early 2024, Miami Beach officials publicly pushed to remove an optional civil penalty approach for people caught with 20 grams or less of marijuana and paraphernalia, a move city leaders said was intended to strengthen consequences ahead of spring break.
What enforcement looks like on Ocean Drive
For consumers, enforcement on and around Ocean Drive tends to be shaped by visibility and volume: high-foot-traffic weekends, intensified patrols, and proactive policing meant to deter disorder. During spring-break periods, Miami Beach has rolled out broader “strict enforcement” operations—ranging from access controls to heavier police presence—that increase the likelihood of interactions between officers and visitors.
That matters because marijuana enforcement is not limited to smoking in public. Possession itself—particularly when cannabis is discovered during a stop—can still result in arrest. Public use remains one of the most common pathways to contact, with smoking, odor, or paraphernalia in plain view often triggering enforcement.
A major change: odor alone and vehicle searches
One of the most significant recent developments for consumers involves vehicle searches. In late 2025, Florida’s appeals court ruled that police cannot search a vehicle based solely on the smell of cannabis, acknowledging that hemp and medical marijuana are legal in the state.
The decision narrows one investigative shortcut, but it does not legalize possession. Police may still rely on the totality of circumstances if other indicators are present, and consumers found with illegal cannabis can still face charges.
Read More: From “Plain Smell” to Totality: How Florida Courts Are Rethinking Cannabis Odor
What it means for consumers
The takeaway on Miami Beach is clear: despite shifting court rulings and broader normalization of cannabis elsewhere, Ocean Drive remains a high-enforcement environment. For residents and tourists alike, the risk of low-level marijuana enforcement is real, particularly during peak travel seasons when the city has made strict policing a visible part of its public-safety strategy.