Florida Bill Aims to Ban Open Cannabis Containers in Vehicles

Legislation would treat medical marijuana like open alcohol containers, raising concerns from patients and advocates.

Published on Feb. 5, 2026

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Florida Republican Rep. Dean Black has introduced a bill (HB 1003) that would ban medical marijuana patients from possessing open containers of cannabis while driving or riding as a passenger. The bill would work similarly to existing laws prohibiting open containers of alcohol in vehicles, with the penalty being the loss of a patient's medical marijuana card after a third violation. The proposal has raised concerns from opponents who argue it could lead to a patchwork of local ordinances criminalizing medical marijuana use and unfairly targets patients.

Why it matters

This legislation is part of a broader debate around balancing public safety concerns over impaired driving with the rights of medical marijuana patients. Supporters argue it is necessary to curb dangerous behavior, while critics contend it unfairly singles out medical marijuana users and could lead to uneven enforcement across the state.

The details

The bill defines an open container for drivers as cannabis that is "readily accessible" while seated, and for passengers as being in their "physical control." Opponents argue this could lead to a patchwork of local ordinances that criminalize medical marijuana use, and that medical marijuana should not be treated the same as other medications like opioids. Supporters counter that Florida already prohibits open containers of legal alcohol, and that consuming any impairing substance while driving puts public safety at risk.

  • The bill (HB 1003) was introduced by Rep. Dean Black on Thursday, February 6, 2026.
  • The House Criminal Justice Subcommittee heard the bill on Thursday, February 6, 2026.

The players

Rep. Dean Black

A Republican state representative from Jacksonville who introduced the bill to ban open containers of medical marijuana in vehicles.

William Dale Clark

A public commenter who expressed concerns that the bill could lead to a patchwork of local ordinances criminalizing medical marijuana use.

Jodi James

Of the Florida Cannabis Action Network, who argued the "local part" of the bill "concerns us considerably" and raised questions about treating medical marijuana patients the same as those using other legal medications.

Barney Bishop

Of the Florida Smart Justice Alliance, who argued there is no constitutional right to "be high" and drive, and that public safety should take precedence.

Rep. Mike Gottlieb

A Democratic state representative and criminal defense attorney who argued the problem with testing for marijuana is that THC remains detectable long after impairment, unlike other medications.

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What they’re saying

“We are trying to make sure that we establish — like we did with alcohol — a taboo. It's wrong. It has to stop.”

— Rep. Dean Black (orlandoweekly.com)

“Does that mean that this civil offense in this bill can all of a sudden become a criminal offense if you've got some sheriff, police chief, or judge in some local municipality who really has these archaic ideas of 'stoned and drive,' 'bong hits,' 'smoking pot in your vehicle?' No, these are medical patients, guys. This is state sanctioned.”

— William Dale Clark, Public Commenter (orlandoweekly.com)

“The local part concerns us considerably. That I might be guilty of one crime in Brevard County and guilty of another crime in Volusia County?”

— Jodi James, Florida Cannabis Action Network (orlandoweekly.com)

“I don't know of any constitutional right that says that you can take any drug that you want, and you have a constitutional right to be high, be on the road, and seriously injure somebody, or kill. Do we think that's somehow okay? It's not. We're not taking medical marijuana users from the ability to take their medicine.”

— Barney Bishop, Florida Smart Justice Alliance (orlandoweekly.com)

“Yet you don't do the same thing if you have an Oxycodone.”

— Rep. Mike Gottlieb, State Representative and Criminal Defense Attorney (orlandoweekly.com)

What’s next

Rep. Dean Black said he is open to changing the punishment of losing a medical marijuana card after three offenses, suggesting options like 6, 10, or 20 violations before that penalty. The bill still has two more stops in the Florida House, and its Senate companion (SB 1056) has yet to be heard in any committee.

The takeaway

This legislation highlights the ongoing tension between public safety concerns over impaired driving and the rights of medical marijuana patients. While supporters argue it is necessary to curb dangerous behavior, critics contend it unfairly targets patients and could lead to uneven enforcement across the state, raising questions about how to balance these competing interests.