It is very tempting to enjoy a smoke in the relaxing ocean breeze of the Sunshine State. Some days, you just want to stroll in a local park and smoke your favorite strain of flower.
But do not light that smoke just yet…
First, understand the rules and regulations surrounding smoking in Florida, especially if you are a cannabis consumer. At Siesta G, we believe in helping our community enjoy cannabis responsibly, safely, and within the law. In this article, we will deeply discuss the outdoor smoking laws in Florida. Keep reading to learn more!
The Florida Clean Air Act (FCAA)
If you are a resident of Florida, you might have seen a “No smoking” sign on one beach but not on another. The outdoor smoking laws in Florida are a combination of both statewide regulations and local policies, and according to the statute, you may or may not smoke depending on the county or even the beach you are at.
It all started with the Florida Clean Air Act( FCAA), which was aimed at protecting people from secondhand smoke in indoor public spaces. However, in 2019, the law was expanded and renamed the Florida Clean Air Act. This allowed local governments to ban smoking and vaping in outdoor public spaces such as beaches, parks, and playgrounds.
According to the FCAA, the state does not have the authority to ban outdoor smoking, but different cities and counties in Florida can decide whether to ban outdoor smoking in their areas.
More importantly, the FCAA is specifically designed to regulate tobacco and nicotine vapor products. It does not control the vapes or smoke generated by cannabis. Nonetheless, this loophole does not apply to the medical cannabis patients because there is a far stricter and separate state statute that we will discuss in the following section.
Laws Regarding Medical Cannabis Use
Florida legalized medical marijuana in 2016. This allows registered patients to obtain cannabis for approved medical conditions. However, this legalization does not cover public or outdoor cannabis consumption. The law is:
“A qualified patient may not use medical marijuana in a public place.”
Hence, it is illegal to smoke high-THC medical cannabis in public places in Florida, even with a valid Medical Marijuana Use Authorization card. This law allowed the government to keep tight control over an illegal substance.
What Constitutes a Public Space?
According to Florida law, any space other than your private property falls under public space. This includes:
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Streets, highways, and sidewalks.
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In any public transport, bus stop, or airport.
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Any indoor or outdoor establishment, like restaurants, bars, shops, etc., where smoking is prohibited.
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On the grounds of schools, correctional institutions, or public recreation facilities.
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In a motor vehicle, whether it is moving, stationary, or parked.
Where Can Patients Legally Smoke?
Medical cannabis users can legally smoke at:
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Private Residence: This is the safest option of all. You can smoke in your private house or apartment if your lease or landlord allows it.
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Private Property: Any of the properties that belong to you, or belong to a third party, and the owner of the property explicitly authorizes the use of cannabis.
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Designated Facilities: Limited spaces in the hospices, nursing homes, or assisted living homes, as long as it is in the policy of the facility.
Gray Areas of Smoking Cannabis
Some gray areas can become tricky to navigate in the context of smoking cannabis.
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Balconies of apartments might be considered private. However, when the building is shared or the smoke enters the public airspace, it might be defined as a public place.
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Hotel patios and balconies are classified as public spaces since they belong to a commercial property.
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Outdoor events, festivals, or concerts are all public spaces, even if you bought a ticket.
A general rule of thumb is to assume a place to be public space if you are unsure. If better to be safe than sorry.
So, next time, when you want to smoke a high-quality flower, vapes, or high-THC concentrates, enjoy them privately at your own property where you are specifically permitted to do so. Public consumption with or without your medical card is in direct violation of Florida state law.
Why Florida Keeps Outdoor Cannabis Smoking Restricted?
As a cannabis user, you might have wondered about the strict Florida laws. The reasons are both practical and political:
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Public health concerns: Lawmakers want to prevent exposure to secondhand smoke and maintain family-friendly public spaces.
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Clear law enforcement: It’s difficult for officers to differentiate between medical and recreational use in public areas.
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Tourism image building: The government wants to preserve the atmosphere of Florida beaches by keeping them smoke-free for families and visitors.
How to Stay Compliant as a Cannabis Consumer?
Here are some tips to enjoy smoking cannabis flowers, pre-rolls, or vapes as a responsible and compliant cannabis user.
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Consume privately: Enjoy smoking cannabis in the comfort of your own home or another private space where it’s explicitly allowed.
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Try smoke-free alternatives: Try edibles, tinctures, or topicals that don’t involve smoking or vaping. These forms are discreet, effective, and fully compliant with public consumption laws.
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Carry your ID card: If you’re a medical marijuana patient, always keep your Medical Marijuana Use Registry (MMUR) card with you.
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Use CBD products legally: Hemp-derived CBD products like tinctures and gummies that contain less than 0.3 percent of THC are legal in Florida and can be a great alternative to smoking.
The Future of Outdoor Smoking Laws in Florida
Recreational cannabis was recently actively pushed in Florida by the 2024 Amendment 3 project. It aimed to permit cannabis use by adult users aged 21 and older. Despite the majority support of the voters, the proposal was not able to receive the supermajority of 60% to make an amendment to the state constitution. As a result, recreational cannabis is still illegal, and any current limitations on public use, sales, and medical marijuana laws are still in effect.
Conclusion
The Florida law on outdoor smoking shows that it is important to know where and how cannabis can be used legally. Although medical marijuana may be used by eligible patients, there are strict prohibitions on its public use. With the ongoing recreational legalization initiatives, Siesta G wants its consumers to keep updated, abide by the existing laws, and use cannabis in private settings in a responsible manner.
