Is Florida Banning Public Smoking and Vaping? How Smoking Laws May Change

Florida could soon see sweeping changes to where residents can light up. New legislation proposes significant restrictions on the Florida smoking ban and vaping in public spaces.

State Senator Joe Gruters, who chairs the Republican National Committee, has filed a bill that would dramatically expand public smoking restrictions. The proposed legislation comes despite his support for the failed recreational marijuana amendment in November 2024.

Current Smoking Restrictions in Florida

Right now, you can’t vape indoors at workplaces across the Sunshine State. However, outdoor public spaces remain fair game for tobacco users. The Florida Clean Air Act has evolved gradually since lawmakers introduced it in 1985. Initially, it protected people from secondhand smoke in limited settings.

A 2003 amendment banned smoking in workplaces and various indoor venues. Then in July 2019, lawmakers extended these restrictions to include vaping and e-cigarettes in indoor work environments. Private homes, dedicated tobacco shops, standalone bars, and designated hotel rooms remain exempt.

What Would Change Under the New Bill

Senator Gruters and co-sponsor Ana Maria Rodriguez have put forward SB 986. This legislation would redefine several key terms in the state’s Clean Air Act. The bill specifically targets the Florida smoking ban by clarifying what constitutes a “public place”.

Under the proposed changes, public smoking restrictions would extend to streets, pavements, motorways, public parks, and beaches. The ban would also cover common areas in and around schools, hospitals, government buildings, apartment complexes, office buildings, hotels, restaurants, transport hubs, and shops.

The bill also adds marijuana to Florida’s official definition of smoking. Vaping would face the same restrictions as traditional tobacco products.

Senator Rodriguez highlighted a significant gap in current law. She noted that publicly smoking marijuana isn’t technically banned under existing state statutes, despite widespread assumptions otherwise. The Florida Board of Medicine states that public cannabis use is illegal, except for low-THC varieties.

Medical Marijuana Users Already Face Restrictions

Even those with medical marijuana licences cannot legally smoke cannabis in public spaces under current Florida law. The Sunshine State maintains strict boundaries on where registered medical cannabis patients can consume their medicine.

Last autumn, Florida voters rejected an amendment that would have legalised recreational marijuana possession. The measure failed to gain sufficient support. This kept the state’s existing framework in place.

Delta-8 and Delta-9: The Legal Grey Area

Interestingly, Delta-8 and Delta-9 THC products remain legal in Florida, provided they contain no more than 0.3% THC. Local smoke shops sell these hemp-derived products, sometimes called “diet weed”, to anyone aged 21 or over without requiring a medical licence.

Delta-8 THC produces milder psychoactive effects than standard cannabis. Traditional marijuana comes from cannabis plants. Delta-8 and CBD originate from hemp plants. According to the FDA, Delta-8 THC occurs naturally in cannabis but not in significant quantities. Manufacturers typically produce commercial products from hemp-derived CBD.

Timeline and Next Steps

If the Florida Legislature passes SB 986 and Governor Ron DeSantis signs it into law, the new Florida smoking ban would take effect on 1st July. The proposed changes represent one of the most comprehensive expansions of Florida’s public health protections in years.

Supporters argue the legislation closes loopholes and provides clearer guidance for law enforcement and the public alike. However, the bill still faces scrutiny from lawmakers. It must navigate the legislative process before becoming law.

The outcome will determine whether Florida joins other states with more restrictive public smoking restrictions or maintains its current approach. According to the Centers for Disease Control and Prevention, over 28% of states have implemented comprehensive smoke-free laws covering workplaces, restaurants, and bars.

For now, tobacco and vaping users can still light up in outdoor public spaces across the state. But if this legislation succeeds, those days may be numbered.

Source: floridatoday