SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 389

Smoking in Public Places
Send via email
SPONSOR
Andrade
FILED BY
Robert Andrade — District 2, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Health & Human Services Committee

Filed under Healthcare.

PROVIDED SUMMARY

Smoking in Public Places; Revises legislative intent; defines "public place"; revises definition of terms "smoking" & "vape" or "vaping"; prohibits smoking in public places in this state, with exceptions; provides applicability; revises requirements for customs smoking rooms to prohibit smoking & vaping of marijuana products at any time.

Full bill text →

Plain English Summary

AI-GENERATED
Bans smoking and vaping in newly defined public places statewide.

The law now defines 'public place' broadly to include streets, sidewalks, parks, beaches, and the common areas of schools, hospitals, offices, apartment buildings, restaurants, and stores. Smoking and vaping there becomes illegal statewide.

The existing ban on smoking in enclosed indoor workplaces is expanded to reach these new public places too, though the law carves out one new exception for unfiltered cigars.

Marijuana smoke and vapor are folded into the same rules that already govern tobacco and nicotine. The stated purpose of the law now covers protecting people from secondhand marijuana smoke as well.

Airport customs smoking rooms, though still allowed for tobacco, may never be used to smoke or vape marijuana products, closing a gap the marijuana-inclusive definitions would otherwise have left open.

KEY PROVISIONS
§ 1 Creates a broad new definition of 'public place' majors. 386.203

AIA new definition covers any place the public has access to, expressly naming streets, sidewalks, highways, parks, and beaches along with the common areas of schools, hospitals, government buildings, apartments, offices, lodging, restaurants, transit facilities, and retail shops.

“a place to which the public has access, including, but not limited to, streets; sidewalks; highways; public parks; public beaches” bill text, line 32 →
§ 2 Extends the smoking and vaping ban to public places majors. 386.204

AIThe existing prohibition on smoking or vaping in an enclosed indoor workplace is expanded to also bar it in any public place as newly defined, subject to the exceptions already listed in section 386.2045.

“A person may not smoke or vape in an enclosed indoor workplace or a public place” bill text, line 53 →
§ 3 Exempts unfiltered cigars from the smoking ban moderates. 386.204

AIThe bill writes a specific carve-out into the prohibition itself: the ban on smoking or vaping in an enclosed indoor workplace or public place does not apply to the smoking of unfiltered cigars.

“This prohibition does not apply to the smoking of unfiltered cigars.” bill text, line 55 →
§ 4 Adds marijuana to the definitions of smoking and vaping moderates. 386.203

AIThe definitions of 'smoking' and 'vaping' are expanded to explicitly include lighted marijuana products and vapor produced from a marijuana product, placing marijuana under the same rules that already govern tobacco and nicotine.

“any other lighted tobacco or marijuana product” bill text, line 41 →
§ 5 Bans marijuana smoking or vaping in customs smoking rooms moderates. 386.205

AIAirport customs smoking rooms, which are otherwise exempt from the general indoor smoking ban, may never be used to smoke or vape marijuana products, regardless of what is allowed for tobacco in the same room.

“Smoking or vaping of marijuana products is prohibited in the room at any time.” bill text, line 70 →
TIMELINE
3/13/2026
Died in Health & Human Services Committee
1/13/2026
1st Reading (Original Filed Version)
11/18/2025
Now in Health & Human Services Committee
11/18/2025
Referred to Commerce Committee
11/18/2025
Referred to State Affairs Committee
11/18/2025
Referred to Health & Human Services Committee
11/6/2025
Filed
1 EARLIER →
STATUTES IT CHANGES
s. 386.202
+2 / −0
s. 386.203
+55 / −2
s. 386.204
+15 / −0
s. 386.205
+15 / −0
s. 561.695
+3 / −3
s. 386.203
+0 / −0