Florida lawmaker proposes cannabis vehicle open-container ban
January 7, 2026
A proposed Florida bill aims to ban open cannabis in cars to enhance road safety, but raises concerns about medical marijuana patient rights and possible profiling.
JACKSONVILLE, Fla. — A Florida state lawmaker is proposing new legislation that would ban open or ready-to-use cannabis products inside vehicles, a move supporters say is aimed at improving road safety — but critics warn it could have unintended consequences for medical marijuana patients.
Ahead of the start of the legislative session, State Rep. Dean Black filed House Bill 1003, also known as the “Clear Minds, Safe Roads Act.” The bill would make it illegal for drivers or passengers to possess open cannabis products in a vehicle, whether the car is moving or parked.
Supporters of the bill say it mirrors Florida’s open container laws for alcohol and is intended to reduce impaired driving.
“We have entirely too many people using cannabis-type products, THC products, while they’re driving, and thousands of Floridians are being injured and killed because of it,” Black said.
The legislation would also reinstate the so-called “plain smell” standard, allowing law enforcement officers to search a vehicle if they detect the odor of cannabis.
Black compared the proposal to decades-old changes in alcohol enforcement.
“There was a time when people commonly drove with open alcohol containers, but we learned better decades ago and saved many lives,” Black said. “This is intended to do the same thing — to save lives and restore some sobriety on our highways.”
Critics argue the bill could create confusion for patients transporting medical cannabis and raise questions about potential profiling or expanded vehicle searches.
When asked about those concerns, Black said the law would apply equally to all drivers.
“I think lots of people of all different persuasions use medical cannabis and other types of cannabis, and all of those people are going to be covered by this law,” Black said. “You can’t have an open container of THC-containing products while you’re driving on Florida highways. Too many people are dying, too many people are getting injured, and it’s time to stop that deadly phenomenon.”
If passed and signed into law, the bill would take effect in July.
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