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Florida Bill Seeks to Ban Public Cannabis Consumption

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  Published in Stocks and Investing on Saturday, February 7th 2026 at 8:46 GMT by Pensacola News Journal
      Locales: Louisiana, UNITED STATES

Tallahassee, FL - February 7th, 2026 - Florida Representative Alex Andrade has ignited a debate across the state with the introduction of House Bill 57 (HB 57), legislation aimed at prohibiting the public consumption of cannabis, encompassing both medical and recreational users. Filed earlier this week, the bill seeks to reshape the landscape of cannabis usage in Florida, less than three years after the state legalized recreational marijuana.

Currently, Florida allows both medical marijuana patients and recreational users over the age of 21 to possess and consume cannabis, but with limited regulation surrounding where that consumption can occur. HB 57 aims to fill that regulatory gap by extending restrictions similar to those already in place for tobacco products. This means a ban on smoking cannabis in public spaces like parks, sidewalks, beaches, and near schools - locations where smoking tobacco is already prohibited.

Representative Andrade, a Republican from Pensacola, framed the bill as a logical step towards modernizing Florida's laws. "It's time we bring our laws into the 21st century and create consistency in how smoking is handled in Florida," he stated in a press release. "For too long, there's been an inconsistency. We regulate tobacco smoking heavily to protect the public, and it's only reasonable to apply similar standards to cannabis."

However, the bill has quickly drawn criticism, primarily from advocates for medical marijuana patients. Opponents argue that HB 57 disproportionately impacts individuals relying on cannabis for therapeutic purposes, limiting their access to a legal and, for many, essential medication. They contend that restricting public consumption could create hardship for patients who lack private outdoor spaces or are traveling and unable to access their homes.

"This bill is a clear overreach and demonstrates a lack of understanding of the needs of medical marijuana patients," said Melissa Harris, Director of the Florida Medical Cannabis Coalition. "Many patients rely on different methods of consumption - including smoking - for rapid relief. To deny them that option in public spaces is to effectively punish them for seeking legal treatment."

The debate also centers on the question of individual liberty. While acknowledging the need for reasonable regulations, some argue that the state shouldn't dictate how legal substances are consumed, as long as it doesn't directly harm others. The comparison to tobacco regulations is a key point of contention; critics argue that the health risks associated with secondhand cannabis smoke are significantly lower than those of tobacco, and therefore, the same level of restriction isn't warranted. While secondhand exposure is a concern, many argue the levels are minimal compared to cigarette smoke.

Florida's journey with cannabis legalization has been relatively swift. Medical marijuana was first legalized in 2016 following a constitutional amendment, and in November 2023, voters overwhelmingly approved a ballot initiative legalizing recreational use. This rapid transition has left lawmakers scrambling to establish a comprehensive regulatory framework. HB 57 is just one piece of that puzzle.

Beyond the public smoking ban, discussions are underway regarding other aspects of cannabis regulation, including potency limits, packaging requirements, and taxation. The state is also grappling with the logistical challenges of establishing a robust and well-regulated cannabis market, ensuring product safety, and preventing underage access.

If passed, HB 57 would likely face challenges from civil liberties groups and patient advocacy organizations. Legal experts predict a potential legal battle, centered on arguments that the bill violates the rights of medical marijuana patients and infringes on personal freedoms. The bill's success will depend on navigating these legal hurdles and garnering enough support from both sides of the aisle in the Florida Legislature. The outcome of this legislation will undoubtedly shape the future of cannabis use in Florida for years to come.