State Senator Tina Polsky (D), Vice Chair of the Appropriations Committee on Transportation, Tourism, and Economic Development, filed Senate Bill 146 today, aiming to protect the parental rights of qualified medical marijuana patients in Florida.
The proposed legislation would amend section 39.806 of the Florida Statutes to prohibit courts from denying or restricting a parent’s custody, visitation, or parenting time solely because of their status as a qualified medical marijuana patient. It also ensures that such status cannot create a presumption of child neglect or endangerment. If passed, this measure would take effect on July 1, 2025, providing greater security for parents using medical marijuana under Florida law.
Florida legalized medical marijuana in 2016 through a constitutional amendment, allowing patients with qualifying conditions to access cannabis as a treatment. The law, governed by section 381.986 of the Florida Statutes, allows patients with conditions such as cancer, epilepsy, and chronic pain to use medical marijuana with a physician’s recommendation. Patients must obtain a state-issued Medical Marijuana Use Registry Identification Card to legally purchase and use cannabis products through the state’s
Senate Bill 146 seeks to address concerns that parents who follow state medical marijuana laws could face discrimination in custody or dependency cases. By explicitly protecting their rights, the bill underscores Florida’s commitment to ensuring that legal medical treatment does not jeopardize family integrity.
Earlier this month State Representative Mitch Rosenwald filed House Bill 83, which would safeguard the rights of Florida’s public employees who are qualified medical marijuana patients.
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