Medical marijuana patients and consumers of hemp products would be subjected to open container restrictions while driving with cannabis products in their cars under a new Florida bill.
Bill sponsor State Representative Dean Black (R-Yulee) argued the intent is to disincentivize high driving at a time when studies have found roughly one-third of people killed in Florida traffic accidents test positive for THC.
“This is about reestablishing a taboo. We do not need to have people who are impaired and driving, and we don’t need to make it easy to do so,” Black said. ”We know how to do this. We have been down this road before. A lot of people died when we were doing this with alcohol. People are dying now with THC, and it’s time for it to stop.”
The legislation would require both types of products to be locked in a glove compartment or the trunk of a car if their packaging has been unsealed.
The bill would also give police probable cause to search a vehicle if they smell cannabis - a practice deemed unconstitutional by two Florida Appeals Courts in recent years due to the growing prevalence of legal medical marijuana and hemp.
“Police need to be able to, upon reasonable suspicion, search for those containers,” Black said.
First offenses would land you a small ticket, but subsequent offenses could result in up to six months in jail and a $1,000 fine.
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Medical marijuana users stand to lose even more, with first violations resulting in a suspension of their medical cards and a second violation resulting in the permanent revocation of their card.
“So, somebody is found to have hemp in their vehicle, now all of a sudden their right to their medication is going to be suspended or revoked?” Josephine Cannella-Krehl said.
Cannella-Krehl is a medical marijuana patient and works with The Flowery, one of the state’s authorized treatment centers.
She argued the bill singles out medical marijuana patients and infringes on their constitutional right to access the products.
“It penalizes and further marginalizes qualified patients for using a state-legal, constitutionally-protected medication,” Cannell-Krehl said.
Cannella-Krehl also argued that, by bringing back the “smell test”, even those lawfully transporting their legal products could be at risk of frivolous vehicle searches by police.
But Rep. Black argued it’s no different than alcohol.
“They smell alcohol, they’re probably going to search your car for that too,” Black said.
The bill has been filed in both the House and Senate.
The 2026 Legislative Session officially kicks off on Tuesday, January 13th.
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