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,
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