Protection of Parental Rights

Plain English Breakdown

The official source material does not provide information on whether the bill changes how social services or schools treat families using medical marijuana.

Protection for Parents Using Medical Marijuana

This law stops courts from taking away a parent's rights or assuming the child is in danger just because the parent uses medical marijuana.

What This Bill Does

• Stops courts from denying parents custody of their children based on being a medical marijuana patient.
• Prevents courts from limiting visitation rights for parents who are medical marijuana patients.
• Removes any assumption that using medical marijuana means neglecting or endangering the child.

Who It Names or Affects

• Parents who use medical marijuana and have custody or visitation rights with their children.

Terms To Know

Qualified patient

A person legally allowed to use medical marijuana under Florida law.

Medical marijuana

Marijuana prescribed by a doctor for treating specific health conditions.

Limits and Unknowns

• The bill only protects parents who are legal patients of medical marijuana and does not cover other situations.
• It is unclear if this law will change how social services or schools treat these families.

Official Summary Text

Protection of Parental Rights; Prohibiting a court from denying or restricting certain parental rights based solely on a parent’s status as a qualified patient for purposes of medical marijuana use; prohibiting the presumption of neglect or child endangerment based solely on a parent’s status as a qualified patient for purposes of medical marijuana use, etc.

Current Bill Text

Florida Senate
-
2026

SB 130

By
Senator Polsky

30-00105-26 2026130__
1 A bill to be entitled
2 An act relating to protection of parental rights;
3 amending s. 39.806, F.S.; prohibiting a court from
4 denying or restricting certain parental rights based
5 solely on a parent’s status as a qualified patient for
6 purposes of medical marijuana use; prohibiting the
7 presumption of neglect or child endangerment based
8 solely on a parent’s status as a qualified patient for
9 purposes of medical marijuana use; providing
10 construction; providing an effective 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 section
15 39.806, Florida Statutes, are redesignated as subsections (3),
16 (4), and (5), respectively, and a new subsection (2) is added to
17 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 minor child or the parent’s visitation rights or

21
parenting time with a minor child based solely on the parent’s

22
status as a qualified patient pursuant to s. 381.986. There is

23
no presumption of neglect or child endangerment based solely on

24
the parent’s status as a qualified patient pursuant to s.

25
381.986. In determining the best interests of the child with

26
respect to custody or dependency, this section applies.

27 Section 2. This act shall take effect July 1, 2026.