Florida House Bill 389, proposed by Rep. Alex Andrade, aims to outlaw cannabis smoking and vaping in any public place where tobacco smoking is prohibited, including streets, sidewalks, parks, beaches, and businesses. This comes after Florida voters approved medical cannabis in 2016, but adult-use ballot initiatives have failed, and advocates recently sued state officials over attempts to block a 2026 ballot proposal. The state previously banned smoking in enclosed workspaces in 2002 and allowed local restrictions on smoking in public parks and beaches in 2022.

Florida Proposal Would Align Cannabis and Tobacco Public Smoking Rules

Nov 10, 2025

Graham Abbott

Ganjapreneur

A proposal by Florida House Republican Rep. Alex Andrade would make
cannabis smoking illegal anywhere that tobacco smoking is prohibited, CBS
News reports.

The measure, House Bill 389, applies to both the smoking and vaping of
cannabis products. The bill targets “public places,” including streets and
sidewalks, public parks and beaches, and businesses such as hotels,
restaurants, and retail locations. The ban also targets government
buildings, airports, schools, and hospitals.

Florida voters passed the state’s medical cannabis legalization amendment
in 2016. Since then, two adult-use cannabis ballot initiatives have failed

Florida voters passed the state’s medical cannabis legalization ballot
amendment in 2016. Last year, an adult-use cannabis ballot initiative
failed to receive the 60% support needed to pass.

Meanwhile, advocates with the Smart & Safe campaign recently sued state
officials, claiming the election officials are trying to block their
proposal from appearing on the 2026 ballot. Petitioners for the campaign
submitted more than 337,000 signatures in June, more than enough to trigger
a state review of the proposal.

Florida voters banned smoking in enclosed workspaces in 2002, according to
the report. In 2022, state lawmakers passed a law allowing city and county
officials to restrict smoking in public parks and beaches.