THE BILL ITSELF
CS/HB 1003
Open Cannabis Containers in Motor Vehicles
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A bill to be entitled
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An act relating to open cannabis containers in motor
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vehicles; creating s. 316.19361, F.S.; providing
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definitions; prohibiting a person from possessing an
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open cannabis container while operating or a passenger
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in or on a motor vehicle or while seated in or on a
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motor vehicle that is parked or stopped within a road;
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specifying circumstances in which an open cannabis
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container is considered to be in a person's
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possession; providing applicability; providing
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penalties; requiring the Department of Highway Safety
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and Motor Vehicles to report certain violations to the
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Department of Health and requiring the Department of
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Health to maintain records of such violations;
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authorizing a local government to adopt certain
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ordinances; providing construction; amending s.
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381.986, F.S.; requiring the Department of Health to
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suspend or revoke the registration of a qualified
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patient or caregiver under specified circumstances;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 316.19361, Florida Statutes, is created
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to read:
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316.19361 Possession of open cannabis containers in
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vehicles prohibited; penalties.—
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(1) As used in this section, the term:
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(a) "Caregiver" has the same meaning as in s. 381.986(1).
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(b) "Marijuana" means all parts of any plant of the genus
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Cannabis, whether growing or not; the seeds thereof; the resin
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extracted from any part of the plant; and every compound,
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manufacture, salt, derivative, mixture, or preparation of the
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plant or its seeds or resin, including edibles, which are
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dispensed from a medical marijuana treatment center for medical
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use by a qualified patient. The term does not include low-THC
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cannabis. As used in this paragraph, the terms "edibles," "low-
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THC cannabis," and "medical use" have the same meanings as in s.
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381.986(1).
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(c) "Open cannabis container" means a container that
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contains marijuana and from which a person can immediately
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consume, inhale, or smoke such marijuana.
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(d) "Qualified patient" has the same meaning as in s.
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381.986(1).
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(e) "Road" has the same meaning as in s. 316.1936(1).
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(2) It is unlawful for any person to possess an open
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cannabis container while he or she is:
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(a) Operating a motor vehicle in this state or while a
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passenger in or on a motor vehicle being operated in this state.
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(b) Seated in or on a motor vehicle that is parked or
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stopped within a road. This paragraph does not apply to
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passengers in vehicles designed, maintained, and used primarily
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for the transportation of persons for compensation or in motor
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homes.
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(3) An open cannabis container is considered to be in the
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possession of the operator of a motor vehicle if the open
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cannabis container is readily accessible to the operator while
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he or she is in a seated position and is not in the possession
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of a passenger. This subsection does not apply to a container
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that is located in a locked glove compartment, locked trunk, or
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other locked nonpassenger area of the motor vehicle or a
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container that is located in an area behind the last upright
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seat of a motor vehicle if such vehicle is not equipped with a
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trunk.
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(4) An open cannabis container is considered to be in the
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possession of a passenger of a motor vehicle if the open
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cannabis container is in the physical control of the passenger.
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(5) This section does not apply to:
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(a) A passenger of a vehicle in which the driver is
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operating the vehicle pursuant to a contract to provide
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transportation for passengers, and such driver holds a valid
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commercial driver license with a passenger endorsement issued in
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accordance with the requirements of chapter 322;
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(b) A passenger of a bus in which the driver holds a valid
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commercial driver license with a passenger endorsement issued in
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accordance with the requirements of chapter 322;
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(c) A passenger of a self-contained motor home that is
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longer than 21 feet; or
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(d) A rider in a transportation network company vehicle,
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as those terms are defined in s. 627.748(1).
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(6)(a) An operator of a motor vehicle who violates this
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section commits a noncriminal moving traffic violation,
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punishable as provided in chapter 318.
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(b) A passenger of a motor vehicle who violates this
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section commits a nonmoving traffic violation, punishable as
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provided in chapter 318.
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(7)(a) If the person who violates this section is a
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qualified patient or caregiver, the Department of Highway Safety
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and Motor Vehicles must report the violation and the disposition
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of the violation to the Department of Health, which must
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maintain a record of the violation and disposition.
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(b)1. Upon a notice that a qualified patient or caregiver
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was cited for committing a third violation of this section, the
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Department of Health shall immediately suspend the registration
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of the qualified patient or caregiver as provided in s.
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381.986(5)(h)1.
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2. Pursuant to chapter 318, if a qualified patient or
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caregiver admits to or is found to have committed a third
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violation of this section, the Department of Health must revoke
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the registration of the qualified patient or caregiver as
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provided in s. 381.986(5)(h)2.
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(8) A county or municipality may adopt an ordinance that
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imposes more stringent restrictions than those imposed by this
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section on the possession of an open cannabis container in motor
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vehicles.
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(9) This section does not prohibit the enforcement of s.
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316.302.
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Section 2. Paragraph (h) of subsection (5) of section
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381.986, Florida Statutes, is redesignated as paragraph (i), and
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a new paragraph (h) is added to that subsection to read:
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381.986 Medical use of marijuana.—
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(5) MEDICAL MARIJUANA USE REGISTRY.—
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(h)1. Upon receiving notice that a qualified patient or
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caregiver was cited for a violation of s. 316.19361 after having
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admitted to or been found to have committed two prior violations
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of that section pursuant to chapter 318, the department shall
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immediately suspend the registration of such qualified patient
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or caregiver pending final disposition of the infraction. If the
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violation of s. 316.19361 is dismissed, the department must
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reinstate the registration of the qualified patient or
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caregiver.
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2. If the department receives notice that a qualified
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patient or caregiver admitted to or was found to have committed
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a third violation of s. 316.19361 pursuant to chapter 318, the
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department must immediately revoke his or her registration.
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Section 3. This act shall take effect July 1, 2026.