Both Florida state law and local ordinances in Aventura impose strict rules regarding the public use of cannabis. It’s important for both locals and tourists to understand these guidelines to avoid facing legal consequences.
Cannabis Laws Across Florida
Cannabis for recreational use remains illegal in Florida. Although a proposed constitutional amendment in 2024 (Amendment 3) aimed to legalize adult-use marijuana, it fell short of the 60% approval needed, securing only 55.9% of the vote. This means that unless you are a certified medical marijuana patient, possessing or consuming cannabis in any form is against the law.
Individuals who are registered with the state’s Medical Marijuana Use Registry and hold an official ID card are allowed to purchase and use cannabis for medicinal reasons. However, this use is limited strictly to private properties. Public use—whether smoking or vaping—is prohibited and regulated under the Florida Clean Indoor Air Act, which bans smoking in enclosed indoor workplaces and most public areas.
Aventura’s Cannabis Regulations
On top of statewide regulations, Aventura has passed its own laws to reinforce a drug-free atmosphere within the city. In 2017, the Aventura City Commission adopted Ordinance No. 2017-11. This ordinance explicitly bans any business or individual from dispensing marijuana—regardless of medical or recreational use—within city limits.
Though the ordinance focuses on the sale and distribution of cannabis, it emphasizes the city’s firm opposition to public cannabis-related activities. As such, using cannabis in public areas—parks, sidewalks, or near schools—is considered a violation of both local and state regulations, even if the individual is a certified medical user.
Legal Consequences for Public Use
Those caught using or possessing cannabis publicly in Aventura could face serious penalties. According to Florida statutes, possession of up to 20 grams is considered a misdemeanor. Offenders can be sentenced to up to a year in jail and fined as much as $1,000. If the amount exceeds 20 grams, the charge becomes a felony, which could result in up to five years in prison and fines reaching $5,000.
These penalties apply whether the cannabis is being actively consumed or simply carried in public. Even medical patients are not exempt from these consequences if they’re found using cannabis outside of their homes or approved medical facilities.
To Sum Up
The use of cannabis in public spaces in Aventura is not permitted under either Florida law or local city ordinances. While medical cannabis is available to those with the appropriate credentials, its use must be limited to private settings. Understanding and following these rules helps protect individuals from legal trouble and supports the community’s efforts to maintain a safe and controlled environment.
With cannabis laws subject to change, staying informed about updates at both the state and city level is essential for compliance and peace of mind.