As marijuana arrests become less common in Miami-Dade, one city's approach stands out

MIAMI -- Arrests for possession of small amounts of marijuana have become less common in Miami-Dade County ever since State Attorney Katherine Fernandez Rundle announced in August 2019 that her office would no longer prosecute such cases due to the legalization of hemp.

But a Miami Herald analysis of data from the Miami-Dade Clerk of Courts shows that more than 4,200 people have still been locked up on misdemeanor marijuana charges in the five years since — and that, among the county’s law enforcement agencies, the Miami Beach Police Department stands out for its strict and ongoing crackdown.

Since the 2019 State Attorney memo, officers in Miami Beach have made more misdemeanor marijuana arrests than any other police department in the county, except for the Miami-Dade Police Department, which has seven times as many sworn officers. Miami Beach police have made more arrests than police in the city of Miami, which has more than five times as many residents.

Bobby Hernandez, president of the Miami Beach Fraternal Order of Police, the union representing officers there, said the arrests send a message that Miami Beach is a “law and order city” where people can’t openly use drugs without consequences.

“We would hope the State Attorney’s Office would start prosecuting these cases again,” he said. “But as long as we take them off the street, then we’re doing our part.”

The city’s approach reflects the priorities of elected officials who have sought to change the hard-partying reputation of South Beach in recent years. In September 2019, responding to Fernandez Rundle’s announcement, the City Commission passed an ordinance making it a crime to smoke marijuana or hemp on public property — even if it is medical marijuana or hemp that is legal under state law.

If recreational marijuana is legalized in November under Amendment 3, Florida legislators may follow Miami Beach’s lead: A group of lawmakers is proposing a statewide ban on smoking or vaping of any kind in public places.

Gov. Ron DeSantis, who opposes the legalization effort, has said if the amendment passes, it would “start to smell like marijuana in our cities and towns” and “reduce the quality of life.”

The Miami Beach ordinance means that even defendants who have their misdemeanor marijuana charges dropped by the State Attorney’s Office can face hundreds of dollars in fines and court fees through the city, on top of attorney’s fees if they choose to fight the case.

Miami Beach employs its own team of prosecutors to pursue city ordinance violations.

Fred Johnson, who runs a golf cart tour company in South Beach, was ordered by a judge to pay $393 in court fees last year after he was arrested on a misdemeanor marijuana possession charge and a city ordinance violation for smoking in public in June 2023. Although state prosecutors quickly dropped the misdemeanor charge, the city continued to pursue the ordinance violation.

“My experience on South Beach — it is a lot of racial profiling and harassment,” said Johnson, who is Black.

Racial disparities in marijuana arrests have been acute in Miami Beach, where officials earlier this year removed an option for officers to issue civil citations in lieu of making arrests for marijuana possession. Police departments across Miami-Dade County have had the option to issue $100 civil citations for pot possession since 2015.

From the start of 2018 until the August 2019 announcement, the Herald’s analysis shows, about 62% of misdemeanor marijuana possession charges in Miami Beach were filed against Black defendants. That figure rose slightly to 66% after the announcement. Only about 6% of Miami Beach residents are Black, though the city is a popular destination for Black tourists.

Countywide, the proportion of misdemeanor marijuana possession charges against Black defendants rose from 47% before the announcement to 59% after, according to the Herald’s analysis.

Miami Beach slowed arrests immediately after the state attorney’s announcement, but since then, arrests have continued to rise. In 2024, Miami Beach police made 166 arrests for misdemeanor amounts of marijuana by July 27, representing 25% of such marijuana arrests countywide in that timeframe, according to data from the Miami-Dade Clerk of Courts. As of Oct. 22, officers in Miami Beach have arrested 244 people for the offense this year, data from the Miami Beach Police Department shows.

In March, as spring break crowds flocked to South Beach, Miami Beach police charged at least 38 people with possession of small amounts of marijuana and charged at least 12 people with smoking marijuana on public property, according to a Herald review of jail booking data and court records. Among the 50 people arrested, 38 were Black, records show. Some of the arrests included additional charges.

Miami Beach police spokesperson Christopher Bess said in an emailed response to questions from the Herald that the department doesn’t believe racial bias is playing a role in how marijuana laws are enforced.

“The Miami Beach Police Department is committed to upholding all local and state laws to ensure the safety and well-being of our residents, visitors, and community members,” he said.