Florida’s legal framework is clear on one critical point: recreational (adult-use) cannabis remains illegal statewide. A 2024 constitutional amendment to legalize adult use failed to reach the required 60% approval on November 5, 2024, so there is no adult-use market as of August 2025. Possession and purchase for non-patients therefore remain unlawful.
Medical cannabis, by contrast, is permitted for qualified patients who are added to the Medical Marijuana Use Registry by a physician certified to recommend cannabis and who hold a valid patient ID. Patients must buy only from licensed Medical Marijuana Treatment Centers (MMTCs), and home cultivation is not permitted under Florida law. All marijuana purchased must remain in its original, clearly labeled packaging. The Department of Health confirms that only MMTCs may grow cannabis—patients may not—and Florida does not extend reciprocity to out-of-state medical cards.
Clear rules also govern how much cannabis patients may obtain and possess. For smokable cannabis, dispensaries may provide no more than one 35-day supply during each 35-day period, capped at 2.5 ounces unless a Department-approved exception applies. Patients may not possess more than the greater of four ounces of smokable cannabis or the amount granted through such an exception. For other methods of administration, Florida law applies daily dose limits that roll into a 70-day supply cap. This includes caps such as 24,500 mg THC across inhalation products. Physicians can petition for exceptions when medically necessary, but most patients stay within these standard thresholds.
Where cannabis can be used is equally important. Florida law prohibits use in any public place; on public transportation; in vehicles, boats, or aircraft; on school property; and inside enclosed workplaces. This means the safest and most compliant setting remains the patient’s private residence. Driving under the influence of cannabis is a criminal offense under Florida’s DUI statute and carries penalties similar to alcohol-related charges.
Local governments also regulate smoking. In 2022, the Florida Clean Air Act was amended to let cities and counties ban smoking in parks and on beaches they control, with the exception of unfiltered cigars. Bal Harbour responded by prohibiting smoking in all public parks, while Miami-Dade County extended bans to county-owned beaches, including nearby Haulover. These local measures add another layer of restriction to the statewide prohibition on using medical marijuana in public, underscoring that consumption belongs behind closed doors.
What this means in Bal Harbour today
- Recreational use: Illegal. No lawful possession, purchase, or adult-use retail.
- Medical patients: May possess within registry limits and purchase from MMTCs; must keep items in original packaging; cannot grow at home.
- Consumption: Restricted to private property. Public use in parks, beaches, vehicles, or workplaces remains prohibited. Driving impaired is unlawful.
- Visitors: No reciprocity. Tourists with cards from other states cannot legally buy or consume cannabis in Florida.
Bottom line
In Bal Harbour and across Florida, cannabis remains strictly medical-only, with clear possession and dosing limits alongside firm bans on public use. Patients who follow registry requirements and keep consumption private remain compliant with the law, while everyone else must wait until the legislature or voters revisit adult-use legalization in the future.