Naples may feel laid-back, but Florida’s cannabis consumption laws are anything but casual. For residents and visitors alike, understanding the legal distinction between lawful medical use and unlawful recreational use—and where consumption is permitted—is essential.
Statewide Cannabis Law: Medical Use Only
Florida does not have a legal adult-use (recreational) cannabis market. Marijuana remains illegal for recreational purposes statewide, and possession without a valid medical marijuana card can lead to criminal charges. Under Florida Statute 893.13, possession of 20 grams or less of cannabis is classified as a first-degree misdemeanor, with penalties including possible jail time, fines, or probation. Possession of larger amounts carries felony exposure.
However, medical marijuana is legal for qualified patients through the Florida Medical Marijuana Use Registry Program (MMUR). Patients must obtain a physician certification and be registered with the Office of Medical Marijuana Use (OMMU). Once certified, patients can legally possess and use medical cannabis within the parameters set by state law.
Consumption Restrictions: Public Places & Vehicles
Importantly, medical legality does not mean public freedom to consume. State law specifically prohibits the use or administration of marijuana in many places, including:
- Public places
- Public transportation
- Workplaces (without employer consent)
- School property
- Motor vehicles, aircraft, or motorboats
- Enclosed indoor workplaces
In legal terms, “public place” generally means any area where the public has access, whether by invitation, payment, or restriction—think parks, streets, beaches, shopping districts, and sidewalks. Even with a medical card, consuming medical cannabis in these spaces is unlawful.
For patients and caregivers in Naples, the takeaway is straightforward: private property is the primary place consumption is permitted, assuming the property owner consents.
Local Smoking & Vaping Ordinances
Naples has also adopted local ordinances impacting smoking behavior in public spaces. Following a change in state law authorizing municipalities to regulate smoking on city-owned land, the City of Naples enacted Section 28-37 of its Code of Ordinances, which prohibits smoking in all public parks and public beaches, with a narrow exception for unfiltered cigars.
Although this city rule targets tobacco products, its practical effect aligns with Florida’s broader medical marijuana restrictions: lighting up a joint or vaping THC in a Naples public park or beachfront can lead to enforcement.
Out-of-State Cards & Travel Considerations
Travelers to Naples should also know that Florida does not recognize out-of-state medical marijuana cards. Possessing marijuana brought into Florida from another state—even with a valid card elsewhere—violates Florida law.
Best Practices for Compliance
In Naples, the safest compliance mindset is simple:
- Do not use cannabis unless you have a Florida medical marijuana card.
- Consume only on private property with the owner’s permission.
- Keep products in original packaging.
- Avoid consuming in vehicles, beaches, parks, or any public place.
With those principles, both residents and tourists can stay within the law while navigating Naples’ rich cultural and recreational landscape.
Learn More: The future of cannabis reform in Naples is being written—mostly outside city limits