Florida SB 1056: Computer Science Instruction

Bill Text

1056 
Open Containers of Marijuana Products in Motor Vehicles 
2026-01-05T06:06:18Z 
Prohibiting a person from possessing an open container of certain products 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; providing that such open container is considered to be in a person’s possession under certain circumstances; providing penalties, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1056 

 By Senator Martin 

 33-00932A-26 20261056__ 
 1 A bill to be entitled 
 2 An act relating to open containers of marijuana 
 3 products in motor vehicles; creating s. 316.19361, 
 4 F.S.; defining terms; prohibiting a person from 
 5 possessing an open container of certain products while 
 6 operating or a passenger in or on a vehicle or while 
 7 seated in or on a vehicle that is parked or stopped 
 8 within a road; providing that such open container is 
 9 considered to be in a person’s possession under 
 10 certain circumstances; providing applicability; 
 11 providing penalties; authorizing a local government to 
 12 adopt certain ordinances; providing construction; 
 13 creating s. 316.19362, F.S.; providing legislative 
 14 intent; providing an effective date. 
 15 
 16 Be It Enacted by the Legislature of the State of Florida: 
 17 
 18 Section 1. Section 316.19361, Florida Statutes, is created 
 19 to read: 
 20 316.19361 Possession of open containers of edibles, hemp, 
 21 hemp extract, low-THC cannabis, marijuana, or THC beverages in 
 22 vehicles prohibited; penalties.— 
 23 (1) As used in this section and s. 316.19362, the term: 
 24 (a) “Edibles” has the same meaning as in s. 381.986(1). 
 25 (b) “Hemp” has the same meaning as in s. 581.217(3). 
 26 (c) “Hemp extract” has the same meaning as in s. 
 27 581.217(3). 
 28 (d) “Low-THC cannabis” has the same meaning as in s. 
 29 381.986(1). 
 30 (e) “Marijuana” has the same meaning as in s. 381.986(1). 
 31 (f) “Open container” has the same meaning as in s. 
 32 316.1936(1). 
 33 (g) “Qualified patient” has the same meaning as in s. 
 34 381.986(1). 
 35 (h) “Road” has the same meaning as in s. 316.1936(1). 
 36 (i) “THC beverage” means a beverage infused with hemp, hemp 
 37 extract, or low-THC cannabis. 
 38 (2)(a) It is unlawful for any person to possess an open 
 39 container of edibles, hemp, hemp extract, low-THC cannabis, 
 40 marijuana, or THC beverage while operating a vehicle in this 
 41 state or while a passenger in or on a vehicle being operated in 
 42 this state. 
 43 (b) It is unlawful for any person to possess an open 
 44 container of edibles, hemp, hemp extract, low-THC cannabis, 
 45 marijuana, or THC beverage while seated in or on a motor vehicle 
 46 that is parked or stopped within a road. This paragraph does not 
 47 apply to passengers in vehicles designed, maintained, and used 
 48 primarily for the transportation of persons for compensation or 
 49 in motor homes. 
 50 (3) An open container of edibles, hemp, hemp extract, low 
 51 THC cannabis, marijuana, or THC beverage is considered to be in 
 52 the possession of the operator of a vehicle if the open 
 53 container of such product is not in the possession of a 
 54 passenger and is not located in a locked glove compartment, 
 55 locked trunk, or other locked nonpassenger area of the vehicle. 
 56 (4) An open container of edibles, hemp, hemp extract, low 
 57 THC cannabis, marijuana, or THC beverage is considered to be in 
 58 the possession of a passenger of a vehicle if the open container 
 59 of such product is in the physical control of the passenger. 
 60 (5) This section does not apply to: 
 61 (a) A passenger of a vehicle in which the driver is 
 62 operating the vehicle pursuant to a contract to provide 
 63 transportation for passengers, and such driver holds a valid 
 64 commercial driver license with a passenger endorsement issued in 
 65 accordance with the requirements of chapter 322; 
 66 (b) A passenger of a bus in which the driver holds a valid 
 67 commercial driver license with a passenger endorsement issued in 
 68 accordance with the requirements of chapter 322; or 
 69 (c) A passenger of a self-contained motor home that is 
 70 longer than 21 feet. 
 71 (6)(a) An operator of a vehicle who violates this section 
 72 commits a noncriminal moving traffic violation, punishable as 
 73 provided in chapter 318. If the operator is a qualified patient, 
 74 his or her identification card shall be suspended. 
 75 (b) A second offense is punishable by imprisonment for not 
 76 more than 90 days or by a fine of at least $25 but not more than 
 77 $500, or by both such fine and imprisonment. If the operator is 
 78 a qualified patient, his or her identification card shall be 
 79 permanently revoked. 
 80 (c) A third or subsequent offense is punishable by 
 81 imprisonment for not more than 6 months or by a fine of at least 
 82 $50 but