Florida Patients Could Lose Medical Marijuana Registrations For Having Open Containers Of Cannabis In Cars Under New Legislation
Senate Approves Trump’s White House Drug Czar Pick Who Supports Medical Marijuana As Rescheduling Looms
Indiana Lawmaker Files Bill To Legalize Low-Level Marijuana Possession And Cultivation
Top Wisconsin GOP Lawmaker Says State Isn’t Ready To Legalize Medical Marijuana, Criticizing Trump’s Rescheduling Move
Terminally Ill Patients Could Use Medical Marijuana In Virginia Hospitals Under Newly Filed Bill
Marijuana Users Are Being Unjustly Jailed For Allegedly Driving Under The Influence, Government-Funded Study Shows
California Officials Award $30 Million In Marijuana Revenue To Support Research On THC Drinks, Terpenes And Tribal Cannabis Sales
Medical Marijuana Use Is ‘Prevalent’ Among People With Disabilities—And It Helps Treat Pain, New Federally Funded Study Shows
Teen Marijuana Use ‘Remained Stable’ As Legalization Expands, Federal Health Officials Acknowledge
CBD Provides Pain Relief, Improves Sleep And Aids Relaxation, Study Involving Olympic Athletes Shows
State Marijuana Regulators Share Tips On How To Stay Safe And Legal Around The Holidays
One In Three Americans ‘Pre-Game’ With Marijuana Before Family Holiday Gatherings, Survey Finds
As More Americans Choose Marijuana Over Alcohol, Mainstream Media Notices The ‘Cousin Walk’ Thanksgiving Tradition
Joe Rogan Slams ‘Really Bad’ Federal Hemp Ban Trump Signed, Blaming Alcohol Industry For Influencing Congress
New Netflix Documentary Shows How Psychedelics Help Military Veterans Heal Trauma
Marijuana Consumers Are More Likely To Shop At Target Following Decision To Sell Cannabis-Infused Drinks, Poll Shows
Marijuana Company Sues DoorDash, Total Wine And Others Over Alleged Illegal Sales Of Hemp THC Products
Whiskey Company Scales Back Operations, Citing ‘Consumer Shifts’ Toward Marijuana As Alcohol Alternative
Target Begins Selling THC-Infused Cannabis Drinks As Congress Debates Possible Hemp Law Reversal
No, Carrier Pigeons Will Not Be Delivering Marijuana In New York, Retailer Confirms After Marketing Stunt Fools Media Outlets
DEA says cannabis rescheduling process still “pending” (Newsletter: January 6, 2026)
Supreme Court schedules cannabis case argument (Newsletter: January 5, 2026)
Congressional dispute over Biden’s cannabis pardons (Newsletter: January 2, 2026)
Pennsylvania should legalize cannabis, top lawmaker says (Newsletter: January 1, 2026)
Ohio petition could put cannabis back on the ballot (Newsletter: December 31, 2025)
Published
on
By
The ban on the carry of open cannabis products applies to both drivers and passengers.
By Christine Sexton, Florida Phoenix
Carrying an open package of medical marijuana, hemp or THC products, including beverages, in a car, would be illegal and could lead to suspension or possible revocation of a patient’s access to medical marijuana under a bill that’s been filed in the Senate.
Fort Myers Republican Sen. Jonathan Martin filed SB 1056 Monday, eight days before the 2026 regular legislative begins.
Martin’s bill would give law enforcement the green light to search a vehicle based on the “plain smell” of edibles, hemp, marijuana or THC beverages by creating a new statute that provides “legislative intent.” In doing so, the bill aims to blunt the effect of an October 2025 Florida Second District Court of Appeal ruling that the smell of marijuana alone is not enough to establish probable cause for a police search because marijuana no longer is illegal.
Because the ruling was in conflict with one of its previous rulings, the appeals court certified the question of whether the legalization of medical marijuana and hemp in Florida means the “plain smell” doctrine, which allows searches based solely on the smell of marijuana, still is valid.
Sen. Martin didn’t immediately reply to Florida’s Phoenix’s request for comment on the bill.
The ban on the carry of open medical marijuana products applies to both drivers and passengers, although it wouldn’t apply to paying commercial passengers or passengers on buses or passengers in self-contained motor homes that are longer than 21 feet. The definition of “open container” mirrors the definition of open container for alcohol.
The bill has different penalties for drivers and passengers who break the law.
There are 929,655 medical marijuana patients in Florida, Office of Medical Marijuana Use data show.
Both drivers and passengers who violate the law could be charged with a noncriminal moving traffic violation and suspension of their medical marijuana identification cards, which enable them to buy the product. And both drivers and passengers who repeatedly violate the law could have their access to medical marijuana permanently revoked.
A driver who breaks the law a second time could be imprisoned for up to 90 days and forced to pay up to a $500 fine or both. Jail time for a third offense for a driver would be increased to up to six months and the potential fine upped to $1,000.
Police won’t have to wonder whether the driver or passenger owns the open product. Under the bill, an open container of edibles would be considered to be in the possession of the driver unless it is located in a locked glove compartment, locked trunk or other locked part of the vehicle, or is in the physical control of the passenger.
Rep. Dean Black (R) filed a similar bill in the House of Representatives on Monday.
This story was first published by Florida Phoenix.
Additional reporting by Marijuana Moment.
Add Marijuana Moment as a preferred source on Google.
All the cannabis news you need, all in one place. Copyright © 2017-2026 Marijuana Moment LLC ® and Tom Angell
