Florida Bill Would Bar Courts From Limiting Parental Rights Based Solely on Medical Marijuana Status

A newly filed Florida House bill would prohibit courts from denying or restricting parental rights solely because a parent is a registered medical marijuana patient under state law. House Bill 1061 was filed today by State Representative Angela Nixon (D) and is titled Parental Rights of Qualified Patients. The legislation would amend Florida statute governing the termination of parental rights to make clear that a parent’s lawful participation in the state’s medical marijuana program cannot, by itself, be used against them in custody, visitation, or dependency proceedings.

Under the bill, courts would be explicitly barred from denying or limiting custody, visitation rights, or parenting time based solely on a parent’s status as a qualified medical marijuana patient. The proposal also states that there may be no presumption of neglect or child endangerment based solely on that status, reinforcing that medical marijuana use alone cannot be treated as evidence of harm to a child.

The legislation applies to decisions involving custody or dependency determinations, directing courts to evaluate the best interests of the child without automatically penalizing parents who are lawfully using medical marijuana in compliance with Florida law.

Florida voters approved medical marijuana in 2016, and hundreds of thousands of residents are now registered patients. Despite that, advocates have long raised concerns that participation in the program can still be used against parents in family court settings, even when there is no evidence of impairment, neglect, or unsafe conditions.

If enacted, House Bill 1061 would take effect July 1, 2026. The bill has been formally filed but has not yet been referred to a committee or scheduled for a hearing.