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Commissioners seek options as residents report marijuana smoke seeping into units; city attorney says enforcement is limited

May 16, 2025 | City of Sunny Isles Beach, Miami-Dade County, Florida


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Commissioners seek options as residents report marijuana smoke seeping into units; city attorney says enforcement is limited
Vice Mayor raised multiple resident complaints at the City Commission of the City of Sunny Isles Beach about tobacco and marijuana smoke entering apartments through vents and balconies and asked what the city could do to help residents who describe chronic exposure.

The city attorney and staff told commissioners the city’s regulatory authority is limited. The attorney said regulation of smoking by the city is generally limited to beaches and public parks and that smoke entering one private unit from another typically raises private‑law issues (tenant/condominium enforcement, private nuisance) that are handled within condominiums or through civil remedies. "This sounds more like of a private... condominium. Sounds more like a private matter that needs to be enforced within that structure," the city attorney said. The attorney added that if odors rise to a code-enforcement violation, code staff could investigate, but such cases can be difficult because access to private residences is constrained.

Staff noted evidentiary and operational limits for law enforcement and code: officers cannot enter private homes without consent or a warrant, and confirming the precise substance often requires lab testing. The police and code options were described as case‑by‑case. Commissioners discussed alternative avenues — encouraging residents to document incidents, raise complaints with their association management, or pursue private civil remedies — and asked staff to research possible municipal responses and report back. No new ordinance or formal city-wide prohibition was proposed at the meeting.

Next steps: staff to discuss options offline with the vice mayor and the city attorney and return with guidance on code enforcement thresholds, outreach to condominium associations, and potential nonregulatory steps the city can take to assist affected residents.

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