ROBERT ANTHONY TANAKA, JR.
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-06-19
No. 2024-1581
McGowan, J., Wozniak, J., Smith, J., Brownlee, J.
2026 FL 7620 Florida District Court of Appeal, Sixth District (2026)

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Holding

Medical marijuana use is prohibited in vehicles, including cars, except for low-THC cannabis not in smoking form.


Headnotes

[1] Medical marijuana use is prohibited in vehicles under Florida law, with an exception only for low-THC cannabis not in smoking form.

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Key Quotes

“Medical use' means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include: [the use] or administration of marijuana in the following locations: . . . [i]n a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not in a form for smoking.”

Statutory definition of medical marijuana use under Florida law

Facts & Procedural History

Robert Anthony Tanaka, Jr. was charged with a crime related to marijuana use in a vehicle. The circuit court convicted him based on Florida's statutor…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2024-1581 Lower Tribunal No. 2023-CF-000051-A

ROBERT ANTHONY TANAKA, JR.,

Appellant,

V.

STATE OF FLORIDA,

Appellee.

Appeal from the Circuit Court for Collier County. John McGowan, Judge.

June 19, 2026

PER CURIAM.

AFFIRMED. See § 381.986, Fla. Stat. (2023) (“Medical use' means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include: [the use] or administration of marijuana in the following locations: . . . [i]n a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis not in a form for smoking." (emphasis added)).

WOZNIAK, SMITH and BROWNLEE, JJ., concur.

Blair Allen, Public Defender, and Michael J. Salvia, Assistant Public Defender, Bartow, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Jonathan P. Hurley, Senior Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

2


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