THC in Florida

The short answer: yes — hemp-derived Delta-9 THC drinks are legal to buy in Florida as of August 2026, under the state hemp program and the federal ≤0.3% dry-weight standard. Two things are in motion, though: a 2026 state bill proposing alcohol-style licensing for THC beverages, and a federal per-container cap arriving November 12, 2026 (details below).

Florida currently allows hemp-derived THC products under Senate Bill 1020 (2019), which legalized hemp extracts following federal guidelines with less than 0.3% delta-9 THC. Age restrictions require customers to be 18+ for edibles, tinctures, and capsules, and 21+ for smokable products like vapes and flowers. However, the legislature has repeatedly attempted to ban delta-8 and restrict hemp products. In 2024, Governor DeSantis vetoed Senate Bill 1698 which would have banned delta-8 and delta-10 entirely. New legislation in 2025 includes Senate Bill 438, which would ban all delta-8 products and limit delta-9 hemp products to 5mg per serving/50mg per container, and House Bills 7027/7029 imposing a 15% excise tax. The regulatory environment remains uncertain as lawmakers cite concerns about children accessing these products and calls them "intoxicating" substances that should be regulated like controlled substances.

Florida legalized hemp extracts in 2019 (SB 1020), adopting the federal definition: products are lawful when Delta-9 THC stays at or below 0.3% by dry weight. That framework is what puts THC seltzers on Florida shelves today, subject to food-safety permitting, labeling, and age rules.

In the 2026 session, lawmakers filed HB 801, which would route THC-infused beverages through the Division of Alcoholic Beverages and Tobacco with dedicated retail licenses (proposed effective July 1, 2026). As of this update, Florida has not enacted a THC-beverage licensing law — check the bill page linked below for current status before relying on it.

The bigger date is federal: on November 12, 2026, the 2026 appropriations law’s hemp redefinition takes effect, capping finished hemp products at 0.4mg total THC per container nationwide unless Congress intervenes. What that means for THC drinks — here and everywhere else — is covered in our hemp ban explainer.

HB 801 (2026): ABT licensing for THC-infused beverages — track it on the Florida Senate site linked below. Federally, H.R. 5371’s hemp redefinition (0.4mg total THC per container) takes effect November 12, 2026; industry amendments remain under discussion in Congress.