Bill > H1003

This bill creates a new law prohibiting the possession of an "open cannabis container" in motor vehicles, defining an open cannabis container as one from which marijuana can be immediately consumed, inhaled, or smoked. It makes it unlawful for anyone to have such a container while driving or as a passenger in a moving vehicle, or even while seated in a parked or stopped vehicle on a road, with exceptions for passengers in vehicles for hire, motor homes over 21 feet, and transportation network company vehicles. The bill specifies when an open container is considered in the driver's possession (if readily accessible and not held by a passenger) or a passenger's possession (if in their physical control), and outlines penalties as noncriminal moving traffic violations for drivers and nonmoving traffic violations for passengers. Importantly, if a qualified patient or caregiver, who are individuals registered to use medical marijuana, commits a third violation of this new law, their registration with the Department of Health can be suspended and eventually revoked, and the Department of Highway Safety and Motor Vehicles will report these violations to the Department of Health for record-keeping. Additionally, local governments are authorized to enact stricter ordinances regarding open cannabis containers in vehicles, and the bill takes effect on July 1, 2026.

Health and Social Services, Justice

Criminal Justice Subcommittee (House)

https://www.flsenate.gov/Session/Bill/2026/1003