Ocean Drive is famous for neon nights, beach days, and people-watching—but when it comes to cannabis, Miami Beach is not a “anything goes” destination. For visitors, the biggest takeaway is simple: Florida is still a medical-marijuana state, not an adult-use (recreational) state. A 2024 ballot measure (Amendment 3) that would have legalized adult-use cannabis did not pass, so recreational sales and possession remain illegal under Florida law.

Medical-only access means most tourists can’t buy legal THC

Florida’s medical marijuana program is built around Florida-qualified patients and state regulation of medical use. In practical terms, that means most out-of-state tourists cannot walk into a dispensary and purchase THC cannabis the way they can in adult-use states. Even if a visitor has a medical card from another state, Florida generally does not operate like a broad “reciprocity” market for purchases—so travelers should assume dispensaries are for Florida patients unless clearly verified by the dispensary’s own policy and current state rules.

Possession can still be a criminal issue

Under Florida law, possession of cannabis remains illegal without medical authorization, and it can carry criminal penalties (for example, under state controlled-substances statutes covering cannabis possession thresholds). For tourists, the risk isn’t theoretical: a vacation can turn into a court date if someone treats Miami Beach like a recreational market.

“Public consumption” is where visitors get into trouble fastest

Even in places where cannabis is legal, public use is often restricted—and Miami Beach is especially strict about what’s allowed in public spaces. The City of Miami Beach’s visitor guidance explicitly lists “narcotics and marijuana” among illegal activities and also emphasizes no smoking on beaches or in parks.

Miami Beach has also adopted local ordinance language aimed at banning smoking cannabis/marijuana/hemp products on public property (including streets, sidewalks, parks, and beaches). Miami-Dade County has similarly moved to restrict smoking in public parks and on public beaches, with limited exceptions.

On Ocean Drive, that matters because sidewalks, parks (like Lummus Park), and the beachfront are exactly where tourists naturally gather. The “walk and smoke” mindset is a common way visitors get cited.

Hemp-derived products are not a free pass

Visitors will see CBD shops and hemp products around South Florida. Hemp-derived CBD is widely sold, but hemp intoxicants (like some delta-8 products) exist in a shifting regulatory environment and can still create confusion for tourists—especially because packaging, lab testing, and local enforcement realities vary. The safest approach for travelers is to avoid assuming that “sold in a store” means “safe to use anywhere.”

Practical, tourist-friendly tips

• Don’t use cannabis in public (beach, parks, sidewalks, Ocean Drive).
• Don’t bring assumptions from other states. Florida isn’t recreational.
• If you’re a Florida medical patient, follow your program rules and still avoid public use.
• When in doubt, skip it. Miami Beach enforcement and tourism rules prioritize public order in crowded areas.

This article is informational, not legal advice. Laws and enforcement practices can change—especially around hemp products and local ordinances.

Learn More: Why Illegal Marijuana Still Thrives in Miami Beach