A proposed Florida bill aims to prohibit open or ready-to-use cannabis products inside motor vehicles, a move aimed at improving road safety and discouraging driving high. This comes at a time when studies find that roughly 1/3 of people killed in Florida traffic accidents test positive for THC.
Supporters say the bill mirrors Florida's open container laws for alcohol and its intent is to reduce impaired driving. It would make it illegal for drivers or passengers to possess open cannabis products in a vehicle, whether the car is moving or parked. Products would be required to be locked in the glove compartment or trunk of the vehicle if the packaging has been unsealed. The bill would allow police to search a vehicle for open containers upon reasonable suspicion or if they smell marijuana. First offenders would receive a small ticket; subsequent offenses may result in up to six months in jail and a $1,000 fine.
Opponents say that the bill raises concerns about unintended consequences such as singling out medical marijuana patients and possibly infringing on their constitutional right to access the product. With first violations resulting in suspension of medical cards and the second violation causing permanent revocation, they argue qualified patients may be penalized for using a state legal constitutionally protected medication. Critics also say that by bringing back the smell test, even those lawfully transporting their legal products could be at risk of vehicle searches by police.
This bill has been filed both in the Florida House and Senate. The next legislative session begins today - Tuesday, January 13, 2026. If passed and signed into law, the bill would take effect in July 2026.
Read the proposed Florida Senate's HB 1003: Open Cannabis Containers in Motor Vehicles at:
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