Florida’s cannabis landscape is changing quickly, and for Bal Harbour residents it can be confusing to sort out what’s actually allowed. While headlines often focus on “legalization,” the reality on the ground is more nuanced – especially in a small, upscale village like Bal Harbour.
Medical vs. recreational: where Florida stands now
Florida has not legalized recreational (adult-use) cannabis. Voters backed the 2024 adult-use initiative by a simple majority, but it failed to reach the 60% supermajority required for constitutional amendments, leaving recreational use illegal statewide.
That means, as of today, only registered medical marijuana patients may legally purchase and possess cannabis under Florida’s medical program, which is regulated by the Office of Medical Marijuana Use (OMMU) and codified in state statute.
What medical patients in Bal Harbour need to know
Residents who qualify for medical cannabis must first see a state-approved physician and be entered into the OMMU registry, then receive a Medical Marijuana Use Registry card. Once certified, patients can buy from licensed Medical Marijuana Treatment Centers (MMTCs). There are currently no dispensaries inside the Village of Bal Harbour itself, but several operate nearby in North Miami Beach and Miami, with delivery available into the village.
State law sets strict dosing and possession limits. Current rules generally allow:
- Smokable flower: Up to 2.5 ounces every 35 days, with no more than 4 ounces in possession at any time.
- Non-smokable products (edibles, tinctures, vapes): A 70-day supply, capped at a total allowable milligram limit based on a physician’s recommendation.
Exceeding these limits can lead to criminal charges—even for registered patients—so residents should regularly check their registry recommendations and purchase history.
Public use, beaches and local rules
For both patients and non-patients, public consumption is illegal under Florida law. Cannabis use is meant to occur only in private spaces where the property owner permits it.
In Bal Harbour, that effectively means inside your own home or another private residence with permission. Local guidance stresses that consumption is not allowed in public areas such as beaches, parks, sidewalks, malls, schools, or workplaces, even if you have a medical card.
Across Florida, many coastal cities have already adopted bans on smoking and vaping on public beaches and in parks, with fines and even potential jail time. At the state level, lawmakers are advancing bills that would explicitly add marijuana smoke to prohibited public-smoking rules, further tightening where cannabis can be used outside the home.
Hemp, Delta-8 and “legal” alternatives
Hemp-derived CBD and intoxicating cannabinoids like Delta-8 THC remain widely sold at gas stations, boutiques and smoke shops. However, new regulations and enforcement trends are pushing for stronger age-gating, more rigorous testing, and clearer labeling. Bal Harbour residents should treat hemp products with the same caution as traditional cannabis: buy from reputable retailers, review lab reports, and never assume a product is “legal everywhere” simply because it’s sold over the counter.
Looking ahead
After the narrow failure of adult-use legalization in 2024, advocates are already working on new ballot efforts for future election cycles, even as the Legislature considers changes to make citizen initiatives more difficult to qualify.
For Bal Harbour residents, the bottom line is simple:
- Recreational cannabis remains illegal.
- Medical use is tightly regulated, with clear state limits.
- Public consumption—especially on beaches and in parks—is off-limits.
Staying informed through official state resources—and, when necessary, consulting an attorney—is the safest way to navigate Florida’s evolving cannabis laws.