Florida Senate advances narrower public marijuana smoking ban after last year’s failure
Jan 20, 2026
Florida lawmakers are reviving a push to restrict where marijuana can be smoked or vaped in public, this time with a narrower bill they say is better positioned to survive the legislative process.A Senate committee on Tuesday un
animously approved SB 986, advancing legislation that would ban smoking or vaping marijuana in public places such as beaches, parks and shared common areas. The proposal cleared its first stop in the Florida Senate, marking a sharper, more targeted attempt. Thats after a broader version stalled without a single committee hearing last year.Supporters framed the bill as a public health measure and a way to prepare Florida if voters approve adult-use marijuana in a future election.If adult use is approved by the voters, by banning public smoking of marijuana, we are protecting community health and quality of life, said the bills co-sponsor Sen. Ana Maria Rodriguez (R-Doral), noting that states with legal marijuana typically restrict public consumption.Lawmakers backing the bill stressed it does not create a sweeping smoking ban. Instead, they say it zeroes in on marijuana specifically, avoiding broader restrictions that drew resistance in prior sessions.Sen. Joe Gruters (R-Sarasota), who sponsored last years unsuccessful proposal, has pitched the updated approach as an effort to get ahead of legalization debates by establishing clear guardrails.I think the whole purpose of this is, how can we move this conversation forward and start talking about the regulation that, as a legislature, we could put in place to make sure those guardrails are going to be up, Gruters said ahead of last session.Business groups largely welcomed the narrower focus but cautioned that the bills definition of public places could still create problems for private property owners.We support adding vaping and marijuana to the provisions of the Florida Indoor Clean Air Act, said Samantha Padgett of the Florida Restaurant Lodging Association. But we have received feedback of concern from our members regarding the definition of public places and how it will impede their ability to permit smoking in designated spaces.Medical marijuana advocates went further, warning the bill could have unintended consequences for patients whose use is protected under Floridas constitution.This is an overly broad bill, and there are some true unintended consequences, said Jodi James, president of the Florida Cannabis Action Network. We have 900,000 patients who are constitutionally protected in their use of cannabis, and smoking is a state-legal route of administration.James argued the proposal could strip discretion from property owners who currently allow smoking in designated hotel rooms, patios, or short-term rentals, leaving patients with fewer legal options.I may be allowed to smoke in an Airbnb. I may be allowed to smoke in a hotel if the owner gives me permission, she said. This really takes that discretion away and its not just patients. It impacts people vaping e-juice and tobacco as well.Lawmakers pushed back, saying the bill is intended to regulate shared public spaces, not private homes.Your house is your dwelling, Rodriguez said. Your front door is not the same as being in a public place where the general public can gather, whether its a restaurant, a park, or a beach.Despite the objections, SB 986 cleared the committee unanimously. Its a notable contrast to last years version, which never advanced.The bill now heads to its next Senate committee stop, setting up further debate as Florida lawmakers weigh how to regulate marijuana use amid renewed legalization efforts.
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