Florida Cannabis Laws in 2026 May Tighten Vehicle Rules While Expanding Parental Protections

7 January 2026

Florida lawmakers are weighing cannabis bills that could shape daily routines for patients, parents, and hemp consumers across the state. The proposals move in different directions, and together they suggest Florida is still adjusting to legal cannabis in practice. One bill focuses on how cannabis products are handled in vehicles, while another addresses how medical marijuana use is treated in family court.

The measures arrive as the number of registered medical marijuana patients continues to grow. That growth appears to be pushing lawmakers to clarify boundaries between legal use, public safety, and family law.

Vehicle Transport Rules Under Review

A Senate proposal (SB 1056) filed by Jonathan Martin would apply open container rules to cannabis-related products. The bill would cover marijuana, low-THC cannabis, hemp flower, edibles, and THC-infused beverages, treating them similarly to alcohol once a seal is broken.

A House version (HB 1003) sponsored by Dean Black mirrors the Senate language. Under both bills, an unsealed product could not remain within easy reach of a driver or passenger. Instead, it would need to be stored in a locked glove compartment, trunk, or another locked area.

The restriction would apply whether a vehicle is moving or parked on a public roadway. Limited exceptions would apply to certain commercial vehicles and large motor homes. If an open product is found outside a locked space, it would generally be presumed to belong to the driver unless clearly controlled by a passenger.

Penalties and Practical Effects

The proposed penalties increase with repeated violations. A first stop could result in a traffic citation, but medical marijuana patients could also face suspension of their patient cards. Subsequent violations could lead to permanent loss of access to medical cannabis.

Drivers could face misdemeanor charges after repeated offenses, with possible jail time of up to six months and fines reaching $1,000. For patients who keep medication nearby to manage symptoms, the bill may require new storage habits, even for short trips.

The legislation also states that the smell of cannabis would qualify as probable cause for a vehicle search. That provision appears intended to counter recent court rulings that limited odor-based searches because hemp and medical marijuana are legal in Florida.

Supporters say the language provides clarity for law enforcement and may discourage impaired driving. Critics respond that odor alone does not indicate impairment and could expose legal users, including hemp consumers, to searches without other signs of wrongdoing.

Parental Rights and Medical Marijuana Use

A separate proposal takes a different approach, focusing on family law and medical marijuana. House Bill 1061, filed by Angie Nixon, would limit how courts weigh medical cannabis use in custody and visitation decisions.

A Senate companion (SB 130) carried by Tina Polsky follows the same framework. The bill would prevent courts from denying custody or parenting time based only on a parent’s status as a qualified medical marijuana patient.

The proposal emerged after reports from parents who said lawful cannabis use was raised during custody disputes, even when no abuse or safety issues were alleged. Under the bill, participation in the medical marijuana program alone would not suggest neglect or child endangerment.

Courts would still be able to intervene if evidence shows a child’s safety is at risk. Judges could continue to evaluate behavior, living conditions, and other relevant factors. If passed, the measure would take effect on July 1, 2026.

What Florida Residents May Experience

For medical marijuana patients, the proposals may create mixed effects. One bill could provide clearer footing in family court, while the other may tighten rules around how medicine is transported. Keeping cannabis locked away during travel may become a routine precaution.

Hemp consumers may also need to pay closer attention to vehicle storage, since legal products can resemble marijuana in appearance and smell. For researchers and policy observers, Florida appears to be testing how legalization fits within older enforcement frameworks.

As the 2026 legislative session approaches, these bills may shape how cannabis intersects with everyday activities. For many residents, small decisions, such as where a product is stored in a car, could soon carry greater legal weight.