A proposal that would ban smoking and vaping marijuana in public places has cleared its first Senate committee stop.
The Senate Regulated Industries Committee voted to advance a bill (SB 986) sponsored by Sarasota Republican Sen. Joe Gruters to amend the Florida Clean Indoor Air Act to prohibit smoking or vaping marijuana products in public places. The measure was presented to the committee by Doral Republican Sen. Ana Maria Rodriguez, the bill’s co-sponsor, on Gruters’ behalf.
“There is currently no prohibition on smoking marijuana in public places if adult use is approved by the voters,” Rodriguez told the committee. “By banning public smoking of marijuana, we are protecting community health and quality of life, as well as protecting certain outdoor spaces from marijuana smoke such as beaches and parks.”
Rodriguez told the committee that every state allowing recreational marijuana either bans public smoking outright or imposes tight restrictions on where it can occur. SB 986 would prohibit smoking or vaping marijuana in public places, while also folding marijuana into Florida’s existing Clean Indoor Air Act framework.
The bill defines public places as streets, sidewalks, parks, beaches and common areas of apartment buildings, restaurants, retail shops, transportation facilities and government buildings. It does not change Florida’s ban on smoking tobacco in enclosed indoor workplaces.
The Florida Restaurant & Lodging Association spoke in support of the bill’s intent but raised concerns about how the definition of “public places” could affect private property.
“We support adding vaping and marijuana to the provisions of the Florida Indoor Clean Air Act,” association Vice President of Government Relations Samantha Padgett said.
However, she said restaurants and hotels worry the bill could interfere with designated smoking areas created in compliance with existing law. Padgett said many businesses made significant investments to comply with current statutes and urged lawmakers to preserve that flexibility as the bill moves forward.
“This gives all employers the freedom to ensure a smoke-free environment in their places of employment,” she said. “We have received feedback of concern from our members regarding the definition of smoking in designated spaces on private property such as patios and designated hotel rooms or floors.”
Meanwhile, medical marijuana advocates argued the bill could have unintended consequences for patients. Jody James, speaking on behalf of the Florida Cannabis Action Network, said the proposal is overly broad and could limit lawful access for medical marijuana patients, particularly those living in apartment complexes or staying in lodging where indoor smoking is prohibited but outdoor smoking is permitted.
James also raised concerns that the bill’s definition of public places could blur the line between public and private property, potentially affecting patients smoking just outside their homes.
“We understand the problems of having people smoking everywhere, but we also hope that you’ll consider patients and property rights in this discussion,” James said.
Committee members questioned whether the bill could inadvertently sweep in activities such as non-tobacco hookah use or vaping on private property. Rodriguez said the bill does not target marijuana use so tightly that it should affect a person smoking outdoors near their homes, or other extreme interpretations of the law.
“There is a difference between someone’s front door and a public place where the general public can gather, whether it’s a restaurant, whether it’s in a park or a beach,” Rodriguez said. Your house is your dwelling, and the front door of your house is not the same as being in a public place.”
The committee voted to report SB 986 favorably. The bill will now head to its second of three committee stops with the Senate Appropriations Committee on Agriculture, Environment, and General Government.