Is it legal to smoke in public in Florida? New bill could change it – Tallahassee Democrat
Smoking is back in the news in Florida.
The Washington Post and CNBC have both reported that President Donald Trump is considering an executive order to ease federal marijuana restrictions and instruct federal agencies to look into classifying the drug as a less dangerous substance. The Biden administration ordered a review into marijuana’s classification back in 2022 and proposed a rule in 2024 to reschedule it, but that’s been on hold since March.
Marijuana, currently classified by the federal government as a Schedule I drug along with heroin, LSD and ecstasy, is legal for medical or recreational use in 45 states (including Florida) and 64% of Americans supported legalization in a Gallup survey from October, up from 36% two decades ago.
Medical marijuana is legal in Florida but cannot be smoked in public under Florida law.
A bill filed for the 2026 Florida legislative session earlier this year would extend that ban to block smoking of (nearly) any sort almost everywhere in public.
HB 389, introduced in July by Rep. Robert “Alex” Andrade, R- Pensacola, and Rep. Debra Tendrich, D-Lake Worth, also adds marijuana products to the state’s definition of “smoking,” possibly anticipating its eventual legalization. Voters in 2024 nearly legalized it for recreational use in Florida but failed to reach the 60% threshold needed, possibly due to a full-court multi-million dollar advertising blitz from Gov. Ron DeSantis.
So, what’s legal at the amount? Where can you light up?
At the moment, yes, if it’s a tobacco product.
Under state law, smoking is prohibited only in enclosed indoor workplaces, with exceptions for:
Out on the street or elsewhere in public is still legal.
The Florida Clean Air Act (FCAA) of 1985 was created to protect people from the health hazards of secondhand tobacco smoke and vapor and start a state health initiative. In November 2002, Florida voters overwhelmingly approved a constitutional amendment to ban smoking in all enclosed indoor workplaces.
Counties and municipalities were given the option in the 2022 Florida Clean Air Act to regulate or ban smoking on any public beaches and parks that they own, except for unfiltered cigars, which are protected in state law due to some intense lobbying from the cigar industry. School districts can do the same on school property.
No one under 21 years of age may smoke tobacco or vape within 1,000 feet of a school between 6 a.m. and midnight.
Violations could potentially mean a fine up to $100 for the first violation and up to $500 for every one after that. Businesses that allow smoking in violation of state law can be fined a civil penalty between $250 and $750 for the first violation, with subsequent violations bringing fines between $500 and $2,000.
If you’re under 21 and you violate the school boundary law, it’s a fine up to $25 or 50 hours of community service or, where available, a school-approved anti-tobacco or anti-vaping “alternative to suspension” program.
Vapes were added to the state’s public smoking laws in 2019 and the same restrictions apply. Yes in public, no in indoor workspaces.
State law also allows counties or municipalities to regulate vaping more strictly if they wish.
Yes, but only for some people.
Medical marijuana is legal in Florida for residents diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card or caregivers who have received a Medical Marijuana Caregiver Card. Recreational marijuana is still illegal.
No. Medical marijuana users are prohibited from consuming their weed in any public place, on any public transportation, in their place of employment unless their employer approves, in a correctional institution, on school grounds (unless administered by school district personnel), or in a school bus, vehicle, aircraft, or motorboat.
In some cases, you may publicly use “low-THC cannabis not in a form for smoking,” according to Florida Statutes.
HB 389, if it passes as written, would do these things:
According to the Campaign for Tobacco Free Kids, 28 states, including Florida, have laws prohibiting smoking in workplaces, restaurants and bars.
Twenty-two of those states, according to the American Non-Smokers’ Rights Organization, include a prohibition on recreational and medical marijuana in smoke free spaces.
If passed by Florida lawmakers and signed by Gov. Ron DeSantis, the ban would begin July 1, 2026.
Zac Anderson, USA TODAY, contributed to this story.