Florida Lawmakers Approve Bill To Punish Medical Marijuana Patients For Having Open Containers In Cars

The bill would ban medical marijuana patients from possessing open containers of cannabis while driving or as passengers, with penalties including the loss of their medical marijuana card.

Published on Feb. 7, 2026

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Florida lawmakers have approved a bill that would prohibit medical marijuana patients from having open containers of cannabis in vehicles, even as passengers. The bill, introduced by Republican Rep. Dean Black, would work similarly to the state's existing law banning open containers of alcohol in vehicles. Violators could face the loss of their medical marijuana card after a third offense. The measure has faced opposition from some who argue it unfairly targets medical patients and raises constitutional concerns.

Why it matters

This bill is part of a broader effort in Florida to crack down on impaired driving, with proponents citing statistics showing that over 30% of traffic fatalities involve impaired drivers. However, opponents argue the measure unfairly targets medical marijuana patients and raises issues around constitutional rights and the differences between medical marijuana and other prescription medications.

The details

The bill (HB 1003) would ban medical marijuana patients from possessing open containers of cannabis if they are driving or a passenger in a vehicle. The penalty would be the loss of their medical marijuana card after a third violation. The bill defines an open container for the driver as being 'readily accessible' and for a passenger as being 'in their physical control.' Opponents have raised concerns that the bill allows counties and municipalities to adopt even stricter ordinances, potentially turning the civil offense into a criminal one.

  • The bill was introduced on Thursday, February 6, 2026 by Republican Rep. Dean Black.
  • The bill passed the House Criminal Justice Subcommittee on a party-line vote on February 6, 2026, with all five Democrats opposing the measure.

The players

Dean Black

A Republican state representative from Jacksonville who introduced the bill.

William Dale Clark

An opponent of the bill who expressed concerns about the potential for local ordinances to turn the civil offense into a criminal one.

Jodi James

From the Florida Cannabis Action Network, an opponent of the bill who argued it unfairly targets medical marijuana patients.

Barney Bishop

From the Florida Smart Justice Alliance, a supporter of the bill who argued there is no constitutional right to use drugs and drive.

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.

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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.”

— Dean Black, State Representative (Florida Phoenix)

“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 (Florida Phoenix)

“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 (Florida Phoenix)

“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 (Florida Phoenix)

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

— Mike Gottlieb, State Representative (Florida Phoenix)

What’s next

The bill has two more stops in the Florida House. Its Senate companion (SB 1056) has yet to be heard in any committee.

The takeaway

This bill highlights the ongoing debate around how to balance public safety concerns over impaired driving with the rights of medical marijuana patients. While proponents argue it is necessary to establish a 'taboo' around using cannabis and driving, opponents contend it unfairly targets patients and raises constitutional issues.