Marijuana Arrests Continue in Miami-Dade Despite Non-Prosecution Policy

A Miami Herald investigation examined marijuana arrests in Miami-Dade after the State Attorney’s Office announced its 2019 non-prosecution policy for minor marijuana cases. This article discusses that reporting and explains why a decision not to prosecute does not necessarily spare someone an arrest or an arrest record.

What the Investigation Found

The figures below reflect the period covered by the investigation, not a current count of arrests or case outcomes:

  • More than 4,200 arrests for misdemeanor marijuana possession since August 2019
  • Nearly 60% of those arrested were Black residents despite making up only 18% of the county population
  • Prosecutors ultimately dropped 97% of cases
  • Police continued making arrests despite the announced non-prosecution policy.

Your Rights and Police Powers

A prosecutor’s decision not to pursue a case does not make marijuana possession lawful or prevent an arrest supported by probable cause. Florida law and the facts of the encounter still matter:

  • Possession: Unlawful possession of 20 grams or less of cannabis is generally a first-degree misdemeanor under Florida Statutes § 893.13(6)(b). That misdemeanor provision does not cover cannabis resin or preparations made from it.
  • Vehicle searches: The smell of cannabis may be relevant, but whether it supports a search depends on the circumstances and controlling court decisions. In Aldama v. State, Miami’s Third District Court of Appeal upheld a vehicle search after officers’ questions ruled out lawful explanations for the smell. The court did not decide whether odor alone would have been enough.
  • Civil citations: Miami-Dade’s civil-citation ordinance gives officers an alternative to criminal enforcement for qualifying minor offenses, including marijuana possession. A citation is discretionary; it is not a right to avoid arrest.

The investigation described differences among police departments, including continued enforcement by Miami Beach Police. Those findings concern the period studied; practices may change over time.

What To Do If Arrested for Marijuana Possession

If you’re arrested for marijuana possession in Miami-Dade:

  1. Remain calm and polite but exercise your right to remain silent
  2. Do not consent to searches of your person, vehicle, or belongings
  3. Request an attorney immediately
  4. Do not discuss the case with anyone except your lawyer
  5. Contact an experienced criminal defense attorney as soon as possible

The Real Impact of Marijuana Arrests

Even when cases are dropped, an arrest can have serious consequences:

  • Time spent in jail before release
  • Bond and court costs
  • Lost wages and possible job loss
  • Professional license implications
  • Background check issues affecting employment and housing
  • Potential immigration consequences for non-U.S. citizens

Dismissal does not automatically erase an adult arrest record. Depending on your eligibility and how the case ends, sealing or expunging your criminal record may help limit public access to it.

How We Can Help

Our criminal defense firm has extensive experience handling marijuana cases throughout Miami-Dade County. We can:

  • Work to get charges dismissed quickly
  • Challenge illegal searches and seizures
  • Seek to prevent the arrest from affecting your record
  • Protect your rights throughout the process
  • Address any collateral consequences

Looking Forward

A non-prosecution policy does not change Florida’s marijuana laws or guarantee that a particular case will be dismissed. Anyone facing an arrest should have counsel review the charge, the search, and the prosecutor’s position in that case.

If you or someone you know faces marijuana charges in Miami-Dade County, contact our experienced defense team immediately. We understand both the legal landscape and practical implications of these cases. Let us help protect your rights and freedom.

CALL US for a FREE CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our secure intake form. The sooner you have experienced legal representation, the better your chances of resolving these charges favorably. The additional information you provide will greatly assist us in responding to your inquiry.

To help us review your marijuana case, please provide details about the arrest, the charge, and any upcoming court date through our confidential and secure intake form.

Always investigate a criminal defense attorney’s qualifications and experience before choosing counsel for your Miami-Dade County case.