Consumption laws are a mix of statewide criminal statutes, Florida’s medical marijuana framework, and local smoke/vape rules that can be stricter than many visitors expect. The key point is simple: adult-use (recreational) marijuana remains illegal in Florida, so legal consumption in Fort Myers generally hinges on medical marijuana rules and where consumption is allowed.

Medical marijuana is legal—but only inside a tightly regulated system. Florida law authorizes “medical use” for qualified patients who have a physician certification and are registered with the state. Patients must obtain products through a licensed Medical Marijuana Treatment Center (MMTC), and the program imposes strict limits and handling rules—including maintaining products in original MMTC packaging.

Public consumption is broadly prohibited—even for medical patients. State guidance explains that “medical use” does not include use “in any public place or on public transportation” (with a narrow carve-out related to low-THC cannabis not in a form for smoking). It also does not include use at a patient’s workplace unless an employer allows it. This means that, for most people, lawful consumption is effectively limited to private residences or other private property where the owner permits it—not sidewalks, bars, festivals, parking lots, beaches, or parks.

Fort Myers and Lee County also restrict smoking/vaping in parks and beaches. The City of Fort Myers has a rule making it unlawful to smoke or vape in city-owned parks (and, in certain circumstances, in county-owned parks within city jurisdiction), enforced through a civil fine. In addition, Lee County adopted an ordinance expanding prohibitions on smoking and vaping at county parks and public beaches. These local rules matter because they can apply regardless of whether a person is using tobacco or a cannabis-related vaping device—and they create enforcement risk in public recreation spaces.

Driving (and boating) after using cannabis remains a major legal exposure. Florida’s DUI law applies when a person is under the influence of a controlled substance (including cannabis) to the extent their “normal faculties are impaired,” even without a specific THC “legal limit.” State guidance also makes clear that operating vehicles, aircraft, trains, or boats while under the influence of medical marijuana is prohibited.

Illegal possession still carries criminal penalties. Under Florida law, possession of 20 grams or less of cannabis is a first-degree misdemeanor. Larger quantities and other conduct (such as sale) can trigger felony exposure under separate provisions, and rules can become more serious quickly depending on the facts.

Overall, Fort Myers consumers should think of cannabis as “medical-and-private-property only” in practical terms: stay within the medical program if eligible, avoid public use entirely, respect local park and beach smoking rules, and never drive after consuming.

Read More: Out-of-State Medical Marijuana Cards in Florida: The Truth for Travelers