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CS/HB 1003 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to open cannabis containers in motor 2
vehicles; creating s. 316.19361, F.S.; providing 3
definitions; prohibiting a person from possessing an 4
open cannabis container while operating or a passenger 5
in or on a motor vehicle or while seated in or on a 6
motor vehicle that is parked or stopped within a road; 7
specifying circumstances in which an open cannabis 8
container is considered to be in a person's 9
possession; providing applicability; providing 10
penalties; requiring the Department of Highway Safety 11
and Motor Vehicles to report certain violations to the 12
Department of Health and requiring the Department of 13
Health to maintain records of such violations; 14
authorizing a local government to adopt certain 15
ordinances; providing construction; amending s. 16
381.986, F.S.; requiring the Department of Health to 17
suspend or revoke the registration of a qualified 18
patient or caregiver under specified circumstances; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 316.19361, Florida Statutes, is created 24
to read: 25
CS/HB 1003 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
316.19361 Possession of open cannabis containers in 26
vehicles prohibited; penalties.— 27
(1) As used in this section, the term: 28
(a) "Caregiver" has the same meaning as in s. 381.986(1). 29
(b) "Marijuana" means all parts of any plant of the genus 30
Cannabis, whether growing or not; the seeds thereof; the resin 31
extracted from any part of the plant; and every compound, 32
manufacture, salt, derivative, mixture, or preparation of the 33
plant or its seeds or resin, including edibles, which are 34
dispensed from a medical marijuana treatment center for medical 35
use by a qualified patient. The term does not include low-THC 36
cannabis. As used in this paragraph, the terms "edibles," "low-37
THC cannabis," and "medical use" have the same meanings as in s. 38
381.986(1). 39
(c) "Open cannabis container" means a container that 40
contains marijuana and from which a person can immediately 41
consume, inhale, or smoke such marijuana. 42
(d) "Qualified patient" has the same meaning as in s. 43
381.986(1). 44
(e) "Road" has the same meaning as in s. 316.1936(1). 45
(2) It is unlawful for any person to possess an open 46
cannabis container while he or she is: 47
(a) Operating a motor vehicle in this state or while a 48
passenger in or on a motor vehicle being operated in this state. 49
(b) Seated in or on a motor vehicle that is parked or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
stopped within a road. This paragraph does not apply to 51
passengers in vehicles designed, maintained, and used primarily 52
for the transportation of persons for compensation or in motor 53
homes. 54
(3) An open cannabis container is considered to be in the 55
possession of the operator of a motor vehicle if the open 56
cannabis container is readily accessible to the operator while 57
he or she is in a seated position and is not in the possession 58
of a passenger. This subsection does not apply to a container 59
that is located in a locked glove compartment, locked trunk, or 60
other locked nonpassenger area of the motor vehicle or a 61
container that is located in an area behind the last upright 62
seat of a motor vehicle if such vehicle is not equipped with a 63
trunk. 64
(4) An open cannabis container is considered to be in the 65
possession of a passenger of a motor vehicle if the open 66
cannabis container is in the physical control of the passenger. 67
(5) This section does not apply to: 68
(a) A passenger of a vehicle in which the driver is 69
operating the vehicle pursuant to a contract to provide 70
transportation for passengers, and such driver holds a valid 71
commercial driver license with a passenger endorsement issued in 72
accordance with the requirements of chapter 322; 73
(b) A passenger of a bus in which the driver holds a valid 74
commercial driver license with a passenger endorsement issued in 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accordance with the requirements of chapter 322; 76
(c) A passenger of a self-contained motor home that is 77
longer than 21 feet; or 78
(d) A rider in a transportation network company vehicle, 79
as those terms are defined in s. 627.748(1). 80
(6)(a) An operator of a motor vehicle who violates this 81
section commits a noncriminal moving traffic violation, 82
punishable as provided in chapter 318. 83
(b) A passenger of a motor vehicle who violates this 84
section commits a nonmoving traffic violation, punishable as 85
provided in chapter 318. 86
(7)(a) If the person who violates this section is a 87
qualified patient or caregiver, the Department of Highway Safety 88
and Motor Vehicles must report the violation and the disposition 89
of the violation to the Department of Health, which must 90
maintain a record of the violation and disposition. 91
(b)1. Upon a notice that a qualified patient or caregiver 92
was cited for committing a third violation of this section, the 93
Department of Health shall immediately suspend the registration 94
of the qualified patient or caregiver as provided in s. 95
381.986(5)(h)1. 96
2. Pursuant to chapter 318, if a qualified patient or 97
caregiver admits to or is found to have committed a third 98
violation of this section, the Department of Health must revoke 99
the registration of the qualified patient or caregiver as 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided in s. 381.986(5)(h)2. 101
(8) A county or municipality may adopt an ordinance that 102
imposes more stringent restrictions than those imposed by this 103
section on the possession of an open cannabis container in motor 104
vehicles. 105
(9) This section does not prohibit the enforcement of s. 106
316.302. 107
Section 2. Paragraph (h) of subsection (5) of section 108
381.986, Florida Statutes, is redesignated as paragraph (i), and 109
a new paragraph (h) is added to that subsection to read: 110
381.986 Medical use of marijuana.— 111
(5) MEDICAL MARIJUANA USE REGISTRY.— 112
(h)1. Upon receiving notice that a qualified patient or 113
caregiver was cited for a violation of s. 316.19361 after having 114
admitted to or been found to have committed two prior violations 115
of that section pursuant to chapter 318, the department shall 116
immediately suspend the registration of such qualified patient 117
or caregiver pending final disposition of the infraction. If the 118
violation of s. 316.19361 is dismissed, the department must 119
reinstate the registration of the qualified patient or 120
caregiver. 121
2. If the department receives notice that a qualified 122
patient or caregiver admitted to or was found to have committed 123
a third violation of s. 316.19361 pursuant to chapter 318, the 124
department must immediately revoke his or her registration. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 3. This act shall take effect July 1, 2026. 126