Florida’s “open container” law is a traffic law written for alcohol, not marijuana. Under Florida Statute § 316.1936, it is unlawful for drivers and passengers to possess an open container of an alcoholic beverage or consume alcohol in the passenger area of a vehicle (including when parked or stopped on a road), with limited exceptions (for example, certain for-hire vehicles and motor homes).

Because the statute is alcohol-specific, people sometimes assume cannabis is treated the same way—especially in areas of Jacksonville that allow “to-go” alcoholic drinks. But cannabis is regulated through a different legal framework: Florida’s controlled substance laws and Florida’s medical marijuana statute. The practical takeaway is simple: there’s no “cannabis open container” loophole in Jacksonville comparable to an alcohol to-go cup.

Jacksonville’s open-container zones don’t legalize cannabis

Jacksonville has promoted designated areas—like the Riverwalk program—where alcoholic beverages may be carried in approved “to-go” cups under city rules. Those programs do not authorize marijuana possession or use in public. Even if someone can legally stroll with a cocktail in a designated zone, that doesn’t translate to legally carrying or consuming cannabis there.

Medical marijuana: possession rules are strict, and public use is largely off-limits

Florida’s Office of Medical Marijuana Use (OMMU) summarizes key limits that matter for Jacksonville residents:

• Medical marijuana “use” generally does not include use in any public place or on public transportation (with narrow, low-THC exceptions not in a form for smoking).
• OMMU also warns that using marijuana in “plain view” or in a place open to the general public—examples include a vehicle, aircraft, or boat—can trigger criminal penalties, even for qualified patients.
• Patients should keep products in their original packaging as dispensed by a licensed Medical Marijuana Treatment Center (MMTC).

So, while Florida doesn’t label cannabis as an “open container” issue, an unsealed jar, a partially used vape, a rolled joint, or an edible taken out of its original packaging—especially in public or in a car—can create legal exposure because it can suggest unlawful use, unlawful possession, or “plain view” consumption.

Vehicles: the bigger risk is impairment, not “open container”

Florida’s DUI law applies to impairment from controlled substances, including marijuana. Under § 316.193, a person can be guilty of DUI if driving or in actual physical control of a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent normal faculties are impaired. Practically, that means using cannabis in a vehicle—or being visibly impaired—can escalate quickly beyond a simple citation.

Consumer guidance for Jacksonville residents

A cautious, legally-minded approach is:

• Treat cannabis like medication that stays private: don’t use it in public spaces, and avoid “plain view.”
• Keep products sealed and in original MMTC packaging, and keep your Registry ID available if you’re a patient.
• Never use cannabis in a vehicle, and don’t drive after consuming if impairment is possible.

This article is educational information, not legal advice. For advice about a specific situation, a Florida-licensed attorney can review the facts.