Parental Rights of Qualified Patients

Plain English Breakdown

The official source material does not provide additional details about other laws or broader implications beyond parental rights and custody cases.

Parental Rights for Medical Marijuana Patients

This bill stops courts from denying or restricting a parent's rights based solely on the parent being a qualified medical marijuana patient.

What This Bill Does

• Stops judges from denying parents custody of their children if they are qualified to use medical marijuana.
• Prevents judges from stopping parents from visiting or spending time with their kids if they use medical marijuana for health reasons.

Who It Names or Affects

• Parents who are qualified to use medical marijuana
• Judges and courts dealing with custody cases

Terms To Know

Qualified patient

A person legally allowed to use medical marijuana for health reasons.

Custody

The right of a parent or guardian to take care of and make decisions for a child.

Limits and Unknowns

• This bill only applies if the court is considering parental rights based on medical marijuana use.
• It does not change other laws about what parents can do with their children.

Official Summary Text

Parental Rights of Qualified Patients; Prohibits court from denying or restricting certain parental rights based solely on parent's status as qualified patient for purposes of medical marijuana use; prohibits presumption of neglect or child endangerment based solely on parent's status as qualified patient for purposes of medical marijuana use.

Current Bill Text

HB 1061 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 1 of 2
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 parental rights of qualified 2
patients; amending s. 39.806, F.S.; prohibiting a 3
court from denying or restricting certain parental 4
rights based solely on a parent's status as a 5
qualified patient for purposes of medical marijuana 6
use; prohibiting the presumption of neglect or child 7
endangerment based solely on a parent's status as a 8
qualified patient for purposes of medical marijuana 9
use; providing applicability; providing an effective 10
date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Present subsections (2), (3), and (4) of 15
section 39.806, Florida Statutes, are redesignated as 16
subsections (3), (4), and (5), respectively, and a new 17
subsection (2) is added to that section, to read: 18
39.806 Grounds for termination of parental rights.— 19
(2) A court may not deny or otherwise restrict a parent's 20
custody of a child or the parent's visitation rights or 21
parenting time with a child based solely on the parent's status 22
as a qualified patient pursuant to s. 381.986. There is no 23
presumption of neglect or child endangerment based solely on the 24
parent's status as a qualified patient pursuant to s. 381.986. 25

HB 1061 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1061-00
Page 2 of 2
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

In determining the best interests of the child with respect to 26
custody or dependency, this section applies. 27
Section 2. This act shall take effect July 1, 2026. 28