As medical marijuana becomes increasingly accessible in Florida, residents of Miami’s high-rise condominiums are exploring delivery options for their prescriptions. However, the intersection of state laws, federal regulations, and condominium or homeowners association (HOA) rules can complicate the process. Understanding these dynamics is crucial for patients and delivery services alike.​

Condo and HOA Authority in Regulating Cannabis Use

In Florida, while medical marijuana is legal under state law, it remains classified as a Schedule I substance under federal law. This dichotomy allows condominium associations and HOAs to enforce rules that may restrict or prohibit the use of cannabis within their communities. Many associations have implemented bans on smoking in common areas and, in some cases, within individual units, citing concerns over secondhand smoke and its impact on other residents.​

Implications for Cannabis Delivery Services

For delivery services, these regulations mean that simply delivering to a high-rise condominium isn’t always straightforward. Associations may have policies that restrict access to delivery personnel or require prior authorization for deliveries. Additionally, if a resident’s use of medical marijuana is limited to non-smoking forms, delivery services must ensure they are providing products that comply with both the resident’s needs and the association’s rules.​

Navigating the Legal Landscape

Residents seeking to use medical marijuana should review their association’s governing documents, including declarations, bylaws, and rules and regulations, to understand any restrictions. Associations often have nuisance provisions that can be invoked if a resident’s use of cannabis is deemed to interfere with others’ enjoyment of their property . In such cases, residents may need to seek reasonable accommodations, especially if their use is medically prescribed.​

Best Practices for Residents and Delivery Services

• Residents: Engage with your association to understand any restrictions and seek accommodations if necessary.​
• Delivery Services: Familiarize yourself with the policies of the buildings you serve and ensure compliance with both state laws and association rules.​

By proactively addressing these considerations, both residents and delivery services can navigate the complexities of cannabis use in Miami’s high-rise condominiums effectively.