S 1056

Florida Senate - 2026  SB 1056
By Senator Martin
33-00932A-26  20261056__
1A bill to be entitled
2An act relating to open containers of marijuana
3products in motor vehicles; creating s. 316.19361,
4F.S.; defining terms; prohibiting a person from
5possessing an open container of certain products while
6operating or a passenger in or on a vehicle or while
7seated in or on a vehicle that is parked or stopped
8within a road; providing that such open container is
9considered to be in a person’s possession under
10certain circumstances; providing applicability;
11providing penalties; authorizing a local government to
12adopt certain ordinances; providing construction;
13creating s. 316.19362, F.S.; providing legislative
14intent; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18Section 1. Section 316.19361, Florida Statutes, is created
19to read:
20316.19361Possession of open containers of edibles, hemp,
21hemp extract, low-THC cannabis, marijuana, or THC beveragesin
22vehicles 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.
27581.217(3).
28(d)“Low-THC cannabis” has the same meaning as in s.
29381.986(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.
32316.1936(1).
33(g)“Qualified patient” has the same meaning as in s.
34381.986(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
37extract, or low-THC cannabis.
38(2)(a)It is unlawful for any person to possess an open
39container of edibles, hemp, hemp extract, low-THC cannabis,
40marijuana, or THC beverage while operating a vehicle in this
41state or while a passenger in or on a vehicle being operated in
42this state.
43(b)It is unlawful for any person to possess an open
44container of edibles, hemp, hemp extract, low-THC cannabis,
45marijuana, or THC beverage while seated in or on a motor vehicle
46that is parked or stopped within a road. This paragraph does not
47apply to passengers in vehicles designed, maintained, and used
48primarily for the transportation of persons for compensation or
49in motor homes.
50(3)An open container of edibles, hemp, hemp extract, low
51THC cannabis, marijuana, or THC beverage is considered to be in
52the possession of the operator of a vehicle if the open
53container of such product is not in the possession of a
54passenger and is not located in a locked glove compartment,
55locked trunk, or other locked nonpassenger area of the vehicle.
56(4)An open container of edibles, hemp, hemp extract, low
57THC cannabis, marijuana, or THC beverage is considered to be in
58the possession of a passenger of a vehicle if the open container
59of 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
62operating the vehicle pursuant to a contract to provide
63transportation for passengers, and such driver holds a valid
64commercial driver license with a passenger endorsement issued in
65accordance with the requirements of chapter 322;
66(b)A passenger of a bus in which the driver holds a valid
67commercial driver license with a passenger endorsement issued in
68accordance with the requirements of chapter 322; or
69(c)A passenger of a self-contained motor home that is
70longer than 21 feet.
71(6)(a)An operator of a vehicle who violates this section
72commits a noncriminal moving traffic violation, punishable as
73provided in chapter 318. If the operator is a qualified patient,
74his or her identification card shall be suspended.
75(b)A second offense is punishable by imprisonment for not
76more 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
78a qualified patient, his or her identification card shall be
79permanently revoked.
80(c)A third or subsequent offense is punishable by
81imprisonment 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
83imprisonment.
84(7)A passenger of a vehicle who violates this section
85commits a noncriminal moving traffic violation, punishable as
86provided in chapter 318. If the passenger is a qualified
87patient, his or her identification card shall be suspended for a
88first offense and permanently revoked for a second offense.
89(8)A county or municipality may adopt an ordinance that
90imposes more stringent restrictions than those imposed by this
91section on the possession of edibles, hemp, hemp extract, low
92THC cannabis, marijuana, or THC beverages in vehicles.
93(9)This section does not prohibit the enforcement of s.
94316.302.
95Section 2. Section 316.19362, Florida Statutes, is created
96to read:
97316.19362Legislative intent; edibles, hemp, hemp extract,
98low-THC cannabis, marijuana, or THC beverages.—It is the express
99intent of the Legislature that the “plain smell” of edibles,
100hemp, hemp extract, low-THC cannabis, marijuana, or THC
101beverages constitutes probable cause for a vehicle search.
102Section 3. This act shall take effect July 1, 2026.