Read the full stored bill text
Florida Senate
-
2026
SB 1056
By
Senator Martin
33-00932A-26 20261056__
1 A bill to be entitled
2 An act relating to open containers of marijuana
3 products in motor vehicles; creating s. 316.19361,
4 F.S.; defining terms; prohibiting a person from
5 possessing an open container of certain products while
6 operating or a passenger in or on a vehicle or while
7 seated in or on a vehicle that is parked or stopped
8 within a road; providing that such open container is
9 considered to be in a person’s possession under
10 certain circumstances; providing applicability;
11 providing penalties; authorizing a local government to
12 adopt certain ordinances; providing construction;
13 creating s. 316.19362, F.S.; providing legislative
14 intent; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 316.19361, Florida Statutes, is created
19 to read:
20
316.19361
Possession of open containers of
edibles, hemp,
21
hemp extract, low-THC cannabis, marijuana, or THC beverage
s
in
22
vehicles prohibited; penalties.—
23
(1)
As used in this section and s. 316.19362, the term:
24
(a)
“Edibles” has the same meaning as in s. 381.986(1).
25
(b)
“Hemp” has the same meaning as in s. 581.217(3).
26
(c)
“Hemp extract” has the same meaning as in s.
27
581.217(3).
28
(d)
“Low-THC cannabis” has the same meaning as in s.
29
381.986(1).
30
(e)
“Marijuana” has the same meaning as in s. 381.986(1).
31
(f)
“Open container” has the same meaning as in s.
32
316.1936(1).
33
(g)
“Qualified patient” has the same meaning as in s.
34
381.986(1).
35
(h)
“Road” has the same meaning as in s. 316.1936(1).
36
(i)
“THC beverage” means a beverage infused with hemp, hemp
37
extract, or low-THC cannabis.
38
(2)(a)
It is unlawful for any person to possess an open
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container of edibles, hemp, hemp extract, low-THC cannabis,
40
marijuana, or THC beverage while operating a vehicle in this
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state or while a passenger in or on a vehicle being operated in
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this state.
43
(b)
It is unlawful for any person to possess an open
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container of edibles, hemp, hemp extract, low-THC cannabis,
45
marijuana, or THC beverage while seated in or on a motor vehicle
46
that is parked or stopped within a road. This paragraph does not
47
apply to passengers in vehicles designed, maintained, and used
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primarily for the transportation of persons for compensation or
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in motor homes.
50
(3)
An open container of edibles, hemp, hemp extract, low
51
THC cannabis, marijuana, or THC beverage is considered to be in
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the possession of the operator of a vehicle if the open
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container of such product is not in the possession of a
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passenger and is not located in a locked glove compartment,
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locked trunk, or other locked nonpassenger area of the vehicle.
56
(4)
An open container of edibles, hemp, hemp extract, low
57
THC cannabis, marijuana, or THC beverage is considered to be in
58
the possession of a passenger of a vehicle if the open container
59
of such product is in the physical control of the passenger.
60
(5)
This section does not apply to:
61
(a)
A passenger of a vehicle in which the driver is
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operating the vehicle pursuant to a contract to provide
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transportation for passengers, and such driver holds a valid
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commercial driver license with a passenger endorsement issued in
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accordance with the requirements of chapter 322;
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(b)
A passenger of a bus in which the driver holds a valid
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commercial driver license with a passenger endorsement issued in
68
accordance with the requirements of chapter 322; or
69
(c)
A passenger of a self-contained motor home that is
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longer than 21 feet.
71
(6)(a)
An operator of a vehicle who violates this section
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commits a noncriminal moving traffic violation, punishable as
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provided in chapter 318. If the operator is a qualified patient,
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his or her identification card shall be suspended.
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(b)
A second offense is punishable by imprisonment for not
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more than 90 days or by a fine of at least $25 but not more than
77
$500, or by both such fine and imprisonment. If the operator is
78
a qualified patient, his or her identification card shall be
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permanently revoked.
80
(c)
A third or subsequent offense is punishable by
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imprisonment for not more than 6 months or by a fine of at least
82
$50 but not more than $1,000, or by both such fine and
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imprisonment.
84
(7)
A passenger of a vehicle who violates this section
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commits a noncriminal moving traffic violation, punishable as
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provided in chapter 318. If the passenger is a qualified
87
patient, his or her identification card shall be suspended for a
88
first offense and permanently revoked for a second offense.
89
(8)
A county or municipality may adopt an ordinance that
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imposes more stringent restrictions than those imposed by this
91
section on the possession of edibles, hemp, hemp extract, low
92
THC cannabis, marijuana, or THC beverages in vehicles.
93
(9)
This section does not prohibit the enforcement of s.
94
316.302.
95 Section 2. Section 316.19362, Florida Statutes, is created
96 to read:
97
316.19362
Legislative intent;
edibles, hemp, hemp extract,
98
low-THC cannabis, marijuana, or THC beverages
.—It is the express
99
intent of the Legislature that the “plain smell” of edibles,
100
hemp, hemp extract, low-THC cannabis, marijuana, or THC
101
beverages constitutes probable cause for a vehicle search.
102 Section 3. This act shall take effect July 1, 2026.