Florida 2026 Session Status: In Committee Bipartisan · 1 R · 1 D cosponsors

HB 1003 — Open Cannabis Containers in Motor Vehicles

Last action — Died in Health Professions & Programs Subcommittee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced January 05, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 56% · high confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Open Cannabis Containers in Motor Vehicles; Prohibits person from possessing open cannabis container while operating or passenger in or on motor vehicle or while seated in or on motor vehicle that is parked or stopped within road; specifies circumstances in which open cannabis container is considered to be in person's possession; provides penalties; requires DHSMV to report certain violations to DOH & requires DOH to maintain records of such violations; authorizes local government to adopt certain ordinances; requires DOH to suspend or revoke registration of qualified patients & caregivers under specified circumstances.

Bill Text

What changed in the latest version

125 added · 149 removed

125 line(s) added, 149 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 A bill to be entitled An act relating to open cannabis containers in motor vehicles;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 A bill to be entitled An act relating to open cannabis containers in motor vehicles;
prohibiting a person from possessing an open cannabis container while operating or a passenger in or on a vehicle or while seated in or on a vehicle that is parked or stopped within a road;
prohibiting a person from possessing an open cannabis container while operating or a passenger in or on a motor vehicle or while seated in or on a motor vehicle that is parked or stopped within a road;
providing that an open cannabis container is considered to be in a person's possession under certain circumstances;
specifying circumstances in which an open cannabis container is considered to be in a person's possession;
requiring the Department of Highway Safety and Motor Vehicles to report certain violations to the Department of Health and requiring the Department of Health to maintain records of such violations;
creating s.
316.19362, F.S.;
providing legislative intent;
requiring the Department of Highway Safety and Motor Vehicles to report certain violations to the Department of Health;
requiring the Department of Health to suspend or revoke the registration of a qualified patient or caregiver under specified circumstances;
requiring the Department of Health to take certain actions against medical marijuana use registry qualified patients and caregivers for specified violations;
hb1003-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 316.19361 Possession of open cannabis containers in vehicles prohibited;
hb1003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 316.19361 Possession of open cannabis containers in vehicles prohibited;
penalties.— (1) As used in this section and s.
penalties.— (1) As used in this section, the term:
316.19362, the term:
(b) "Edibles" has the same meaning as in s.
(b) "Marijuana" means all parts of any plant of the genus Cannabis, whether growing or not;
the seeds thereof;
the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including edibles, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
The term does not include low-THC cannabis.
As used in this paragraph, the terms "edibles," "low- THC cannabis," and "medical use" have the same meanings as in s.
(c) "Hemp" has the same meaning as in s.
(c) "Open cannabis container" means a container that contains marijuana and from which a person can immediately consume, inhale, or smoke such marijuana.
581.217(3).
(d) "Qualified patient" has the same meaning as in s.
(d) "Hemp extract" has the same meaning as in s.
581.217(3).
(e) "Low-THC cannabis" has the same meaning as in s.
(f) "Marijuana" has the same meaning as in s.
(e) "Road" has the same meaning as in s.
381.986(1).
(g) "Marijuana delivery device" has the same meaning as in s.
381.986(1).
(h) "Open cannabis container" means a container that contains any edible, hemp, hemp extract, low-THC cannabis, marijuana, or THC beverage from which a person can immediately consume, inhale, or smoke or of which the seal has been broken.
The term includes a THC delivery device or a marijuana delivery device that is loaded, activated, or otherwise prepared for immediate use.
(i) "Qualified patient" has the same meaning as in s.
381.986(1).
(j) "Road" has the same meaning as in s.
(k) "THC beverage" means a beverage infused with hemp, hemp extract, low-THC cannabis, or marijuana.
(2) It is unlawful for any person to possess an open cannabis container while he or she is:
Page 2 of 6 CODING:
(a) Operating a motor vehicle in this state or while a passenger in or on a motor vehicle being operated in this state.
(b) Seated in or on a motor vehicle that is parked or Page 2 of 6 CODING:
hb1003-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 (l) "THC delivery device" means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing hemp, hemp extract, or low- THC cannabis into the human body.
hb1003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 stopped within a road.
(2)(a) It is unlawful for any person to possess an open cannabis container while operating a vehicle in this state or while a passenger in or on a vehicle being operated in this state.
This paragraph does not apply to passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation or in motor homes.
(b) It is unlawful for any person to possess an open cannabis container while seated in or on a motor vehicle that is parked or stopped within a road.
(3) An open cannabis container is considered to be in the possession of the operator of a motor vehicle if the open cannabis container is readily accessible to the operator while he or she is in a seated position and is not in the possession of a passenger.
This paragraph does not apply to passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes.
This subsection does not apply to a container that is located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the motor vehicle or a container that is located in an area behind the last upright seat of a motor vehicle if such vehicle is not equipped with a trunk.
(3) An open cannabis container is considered to be in the possession of the operator of a vehicle if the open cannabis container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
(4) An open cannabis container is considered to be in the possession of a passenger of a motor vehicle if the open cannabis container is in the physical control of the passenger.
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(4) An open cannabis container is considered to be in the possession of a passenger of a vehicle if the open cannabis container is in the physical control of the passenger.
(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide Page 3 of 6 CODING:
(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers, and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;
(b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in Page 3 of 6 CODING:
hb1003-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 transportation for passengers, and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;
hb1003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 accordance with the requirements of chapter 322;
(b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;
(c) A passenger of a self-contained motor home that is longer than 21 feet;
or (c) A passenger of a self-contained motor home that is longer than 21 feet.
or (d) A rider in a transportation network company vehicle, as those terms are defined in s.
(6)(a)1.
627.748(1).
An operator of a vehicle who violates this section commits a noncriminal moving traffic violation, punishable as provided in chapter 318.
(6)(a) An operator of a motor vehicle who violates this section commits a noncriminal moving traffic violation, punishable as provided in chapter 318.
(b) A passenger of a motor vehicle who violates this section commits a nonmoving traffic violation, punishable as provided in chapter 318.
(7)(a) If the person who violates this section is a qualified patient or caregiver, the Department of Highway Safety and Motor Vehicles must report the violation and the disposition of the violation to the Department of Health, which must maintain a record of the violation and disposition.
(b)1.
Upon a notice that a qualified patient or caregiver was cited for committing a third violation of this section, the Department of Health shall immediately suspend the registration of the qualified patient or caregiver as provided in s.
381.986(5)(h)1.
A second offense is punishable by imprisonment for not more than 90 days or by a fine of at least $25 but not more than $500, or by both such fine and imprisonment.
Pursuant to chapter 318, if a qualified patient or caregiver admits to or is found to have committed a third violation of this section, the Department of Health must revoke the registration of the qualified patient or caregiver as Page 4 of 6 CODING:
3.
A third or subsequent offense is punishable by imprisonment for not more than 6 months or by a fine of at least $50 but not more than $1,000, or by both such fine and imprisonment.
(b) If the operator is a medical marijuana use registry qualified patient or caregiver under s.
381.986, the Department of Highway Safety and Motor Vehicles shall report the violation to the Department of Health which shall:
1.
For a first offense, immediately suspend such qualified patient's or caregiver's medical marijuana use registry identification card or caregiver identification card, Page 4 of 6 CODING:
hb1003-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 respectively, as provided in s.
hb1003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 provided in s.
381.986(5)(h)1.
2.
For a second offense, permanently revoke the qualified patient's or caregiver's medical marijuana use registry identification card or caregiver identification card, respectively, as provided in s.
(7)(a) A passenger of a vehicle who violates this section commits a noncriminal moving traffic violation, punishable as provided in chapter 318.
(8) A county or municipality may adopt an ordinance that imposes more stringent restrictions than those imposed by this section on the possession of an open cannabis container in motor vehicles.
(b) If the passenger is a medical marijuana use registry qualified patient or caregiver, the Department of Highway Safety and Motor Vehicles shall report the violation to the Department of Health which shall:
1.
For a first offense, immediately suspend such qualified patient's or caregiver's medical marijuana use registry identification card or caregiver identification card as provided in s.
381.986(5)(h)1.
2.
For a second offense, permanently revoke such qualified patient's or caregiver's medical marijuana use registry identification card or caregiver identification card as provided in s.
381.986(5)(h)2.
(8) A county or municipality may adopt an ordinance that imposes more stringent restrictions than those imposed by this section on the possession of an open cannabis container in vehicles.
Page 5 of 6 CODING:
316.302.
Words stricken are deletions;
words underlined are additions.
hb1003-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1003 2026 316.302.
Section 316.19362, Florida Statutes, is created to read:
Paragraph (h) of subsection (5) of section 381.986, Florida Statutes, is redesignated as paragraph (i), and a new paragraph (h) is added to that subsection to read:
316.19362 Legislative intent;
vehicle searches for open cannabis containers.—It is the express intent of the Legislature that the "plain smell" of any edible, hemp, hemp extract, low- THC cannabis, marijuana, marijuana delivery device, THC beverage, or THC delivery device, whether burned or fresh, constitutes probable cause for a vehicle search for an open cannabis container.
Section 3.
Paragraph (h) of subsection (5) of section 381.986, Florida Statutes, is redesignated as paragraph (j), and a new paragraph (h) is added to that subsection to read:
The department shall immediately suspend the registration of a qualified patient or caregiver who commits a violation of s.
Upon receiving notice that a qualified patient or caregiver was cited for a violation of s.
316.19361.
316.19361 after having admitted to or been found to have committed two prior violations of that section pursuant to chapter 318, the department shall immediately suspend the registration of such qualified patient or caregiver pending final disposition of the infraction.
Based upon such final disposition, the department may extend the suspension or reinstate the registration.
If the violation of s.
316.19361 is dismissed, the department must reinstate the registration of the qualified patient or caregiver.
The department shall permanently revoke the registration of a qualified patient or caregiver who commits a second offense of s.
If the department receives notice that a qualified patient or caregiver admitted to or was found to have committed a third violation of s.
316.19361.
316.19361 pursuant to chapter 318, the department must immediately revoke his or her registration.
Based upon such final disposition, the department may reinstate the registration.
Page 5 of 6 CODING:
Section 4.
Words stricken are deletions;
words underlined are additions.
hb1003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1003 2026 Section 3.
hb1003-00
hb1003-01-c1
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Action History

  1. Died in Health Professions & Programs Subcommittee

  2. Now in Health Professions & Programs Subcommittee

  3. Referred to Judiciary Committee

  4. Referred to Health Professions & Programs Subcommittee

  5. 1st Reading (Committee Substitute 1)

  6. CS Filed

  7. Laid on Table under Rule 7.18(a)

  8. Reported out of Criminal Justice Subcommittee

  9. Favorable with CS by Criminal Justice Subcommittee

  10. PCS added to Criminal Justice Subcommittee agenda

  11. 1st Reading (Original Filed Version)

  12. Now in Criminal Justice Subcommittee

  13. Referred to Judiciary Committee

  14. Referred to Health Professions & Programs Subcommittee

  15. Referred to Criminal Justice Subcommittee

  16. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 161 not signed on

Sponsors (1)

  • Criminal Justice Subcommittee

Co-sponsors (2)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety transportation health-insurance
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Frequently asked questions

What does HB 1003 do?
Open Cannabis Containers in Motor Vehicles; Prohibits person from possessing open cannabis container while operating or passenger in or on motor vehicle or while seated in or on motor vehicle that is parked or stopped within road; specifies circumstances in which open cannabis container is considered to be in person's possession; provides penalties; requires DHSMV to report certain violations to DOH & requires DOH to maintain records of such violations; authorizes local government to adopt certain ordinances; requires DOH to suspend or revoke registration of qualified patients & caregivers under specified circumstances.
Who sponsors HB 1003?
HB 1003 is sponsored by Criminal Justice Subcommittee, Black, Dean (Republican), and Tendrich, Debra (Democrat).
What is the current status of HB 1003?
This bill is in committee in the House. Introduced January 05, 2026. It must pass committee before a floor vote.
Where can I track HB 1003?
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