Bill > S1056

This bill creates new Florida Statutes to prohibit the possession of open containers of certain marijuana-related products, including edibles, hemp, hemp extract, low-THC cannabis, marijuana, and THC beverages, in motor vehicles. An "open container" is defined similarly to existing laws regarding alcohol, meaning the seal is broken or the product has been partially consumed. This prohibition applies to both the driver and passengers while the vehicle is in operation, and also to anyone seated in a vehicle that is parked or stopped on a road, with exceptions for passengers in vehicles for hire and motor homes over 21 feet long. The bill clarifies that an open container is considered in the operator's possession if it's not with a passenger and is not in a locked area, and in a passenger's possession if it's under their physical control. Penalties for violations range from noncriminal moving traffic violations to more severe fines and imprisonment for repeat offenses, with potential suspension or permanent revocation of a qualified patient's identification card. Importantly, the bill also states the legislative intent that the "plain smell" of these products constitutes probable cause for a vehicle search, and local governments can enact stricter ordinances.

https://www.flsenate.gov/Session/Bill/2026/1056