Laws

The Legal Line Between State Law and City Enforcement

Fort Lauderdale sits inside one of Florida’s most active cannabis regions, but the rules that matter most are set at the state level. What changes “locally” is usually how low-level cases are handled on the street and in the courts—not whether marijuana is legal.

Florida’s baseline criminal law

Florida does not allow adult-use marijuana. Under Florida Statute 893.13, possession of 20 grams or less of “cannabis” is a first-degree misdemeanor, punishable under the state’s general penalty statutes. The statute also notes that “cannabis” for this subsection does not include certain resinous extracts, which is one reason concentrates and THC oils can be treated differently from simple flower in charging decisions.

For anyone without medical authorization, that statewide rule applies in Fort Lauderdale just as it does in Naples, Orlando, or Tampa: police can arrest, and prosecutors can file charges, even for small amounts.

Florida’s medical marijuana exception

The key legal pathway is Florida’s medical marijuana program, primarily governed by section 381.986, Florida Statutes. The law defines “medical use” and ties lawful possession to a physician certification and products obtained from a licensed Medical Marijuana Treatment Center (MMTC). It also clarifies that “medical use” does not include marijuana that was not purchased or acquired from an MMTC.

Practical compliance rules matter. Florida’s Office of Medical Marijuana Use (within the Department of Health) has issued guidance emphasizing that products should remain in original MMTC packaging and that qualified patients/caregivers are expected to present a valid registry ID card when requested by law enforcement.

Where Fort Lauderdale can feel different: local enforcement discretion

Broward County created an “adult civil citation” approach intended to give officers discretion to issue a civil fine—rather than make an arrest—for certain low-level marijuana possession cases, with eligibility limits and the officer’s choice as a core feature.

However, Fort Lauderdale’s posture has not always tracked the county’s approach. Local reporting and legal commentary have described periods when the City of Fort Lauderdale opted out of the county’s civil-citation program, meaning an encounter could default back to the standard state criminal process even if a county framework existed.

This is an important nuance for residents and visitors: “decriminalization” policies in Florida are often administrative or local-ordinance tools. They can reduce arrests in practice, but they do not erase the underlying state offense.

Public use, driving, and location-based risk

Florida is not a “consumption lounge” state. Using marijuana in public can still create exposure to other charges (for example, smoking restrictions, disorderly conduct, or trespass), and driving under the influence remains illegal regardless of medical status. The safest interpretation is that medical use should be private and consistent with the physician certification and MMTC products.

Hemp, Delta-9, and look-alike products

Florida separately regulates hemp. State law defines hemp by a delta-9 THC threshold (0.3%) and regulates hemp extracts and products under a different statutory framework than marijuana. That means a product’s label, lab testing, and “total delta-9 THC” calculations can become crucial if a stop or investigation turns on whether something is hemp or illegal marijuana.

Bottom line

Fort Lauderdale marijuana “laws” are mostly Florida laws: adult use remains illegal, medical marijuana is legal only within Florida’s regulated program, and local policy mainly affects enforcement outcomes for low-level cases—not the legal status of marijuana itself.

Read more on the future of cannabis federalization here.