THC

HB 1409 2026

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A bill to be entitled 1
An act relating to THC; amending s. 316.1936, F.S.; 2
defining the term "THC-infused beverage"; prohibiting 3
a person from possessing an open container of a THC-4
infused beverage or consuming such beverage while 5
operating a vehicle in this state, being a passenger 6
in or on a vehicle being operated in this state, or 7
while seated in or on a parked or stopped motor 8
vehicle within a road in this state; authorizing a 9
county or municipality to adopt certain restrictions 10
on the possession of THC-infused beverages in 11
vehicles; amending s. 500.03, F.S.; revising the 12
definition of the term "food"; creating s. 581.218, 13
F.S.; defining the term "THC-infused beverage"; 14
prohibiting a person from selling, giving, serving, or 15
permitting the service of THC-infused beverages to 16
persons under 21 years of age; providing criminal 17
penalties; prohibiting the possession of THC-infused 18
beverages by persons under 21 years of age; providing 19
criminal penalties; prohibiting the retail sale of 20
THC-infused beverages at certain locations; 21
prohibiting THC-infused beverages from containing 22
alcoholic or intoxicating beverages; prohibiting the 23
location of an establishment permitted to sell THC-24
infused beverages within a certain distance of a 25

HB 1409 2026

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school or day care facility; requiring that a retail 26
sale or transaction for THC-infused beverages occur in 27
a specified manner; prohibiting the direct delivery of 28
THC-infused beverages to consumers; prohibiting a 29
retail licensee from applying for or holding certain 30
licenses and permits; requiring that THC-infused 31
beverages be distributed by a licensed distributor; 32
prohibiting a THC-infused beverage distributor from 33
taking certain actions; requiring such distributors to 34
pay a certain tax to the Division of Alcoholic 35
Beverages and Tobacco within the Department of 36
Business and Professional Regulation; authorizing THC-37
infused beverage distributors to credit sales to a 38
vendor; prohibiting a retail vendor of THC-infused 39
beverages from taking certain actions; requiring 40
certain THC-infused beverages to comply with certain 41
requirements; providing civil penalties; reenacting s. 42
316.2069(5), F.S., relating to commercial megacycles, 43
to incorporate the amendment made to s. 316.1936, 44
F.S., in a reference thereto; providing an effective 45
date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Section 316.1936, Florida Statutes, is amended 50

HB 1409 2026

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to read: 51
316.1936 Possession of open containers of alcoholic 52
beverages or THC-infused beverages in vehicles prohibited; 53
penalties.— 54
(1) As used in this section, the term: 55
(a) "Open container" means any container of an alcoholic 56
beverage or a THC-infused beverage which is immediately capable 57
of being consumed from, or the seal of which has been broken. 58
(b) "Road" means a way open to travel by the public, 59
including, but not limited to, a street, highway, or alley. The 60
term includes associated sidewalks, the roadbed, the right-of-61
way, and all culverts, drains, sluices, ditches, water storage 62
areas, embankments, slopes, retaining walls, bridges, tunnels, 63
and viaducts necessary for the maintenance of travel, and all 64
ferries used in connection therewith. 65
(c) "THC-infused beverage" means a soft drink, soda, 66
juice, tea, or other beverage intended for ingestion which 67
contains low-THC cannabis as defined in s. 381.986. 68
(2)(a) It is unlawful and punishable as provided in this 69
section for any person to do either of the following while 70
operating a vehicle in this state or while being a passenger in 71
or on a vehicle being operated in this state: 72
1. Possess an open container of an alcoholic beverage or a 73
THC-infused beverage. 74
2. Consume an alcoholic beverage or a THC-infused beverage 75

HB 1409 2026

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while operating a vehicle in the state or while a passenger in 76
or on a vehicle being operated in the state. 77
(b) It is unlawful and punishable as provided in this 78
section for any person to do either of the following while 79
seated in or on a motor vehicle that is parked or stopped within 80
a road: 81
1. Possess an open container of an alcoholic beverage or a 82
THC-infused beverage. 83
2. Consume an alcoholic beverage or a THC-infused beverage 84
while seated in or on a motor vehicle that is parked or stopped 85
within a road as defined in this section. 86
(c) Notwithstanding the prohibition contained in this 87
section, passengers in vehicles designed, maintained, and used 88
primarily for the transportation of persons for compensation and 89
in motor homes are exempt. 90
(3) An open container shall be considered to be in the 91
possession of the operator of a vehicle if the container is not 92
in the possession of a passenger and is not located in a locked 93
glove compartment, locked trunk, or other locked nonpassenger 94
area of the vehicle. 95
(4) An open container shall be considered to be in the 96
possession of a passenger of a vehicle if the container is in 97
the physical control of the passenger. 98
(5) This section shall not apply to: 99
(a) A passenger of a vehicle in which the driver is 100

HB 1409 2026

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operating the vehicle pursuant to a contract to provide 101
transportation for passengers and such driver holds a valid 102
commercial driver license with a passenger endorsement issued in 103
accordance with the requirements of chapter 322; 104
(b) A passenger of a bus in which the driver holds a valid 105
commercial driver license with a passenger endorsement issued in 106
accordance with the requirements of chapter 322; or 107
(c) A passenger of a self-contained motor home which is in 108
excess of 21 feet in length. 109
(6) Any operator of a vehicle who violates this section is 110
guilty of a noncriminal moving traffic violation, punishable as 111
provided in chapter 318. A passenger of a vehicle who violates 112
this section is guilty of a nonmoving traffic violation, 113
punishable as provided in chapter 318. 114
(7) A county or municipality may adopt an ordinance which 115
imposes more stringent restrictions on the possession of 116
alcoholic beverages or THC-infused beverages in vehicles than 117
those imposed by this section. 118
(8) Nothing in this section prohibits the enforcement of 119
s. 316.302. 120
(9) An alcoholic beverage that has been sealed by a 121
licensee or the employee of a licensee and is transported 122
pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) is 123
not an open container under this section. 124
Section 2. Paragraph (n) of subsection (1) of section 125

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500.03, Florida Statutes, is amended to read: 126
500.03 Definitions; construction; applicability.— 127
(1) For the purpose of this chapter, the term: 128
(n) "Food" includes: 129
1. Articles used for food or drink for human consumption; 130
2. Chewing gum; 131
3. Articles used for components of any such article; 132
4. Articles for which health claims are made, which claims 133
are approved by the Secretary of the United States Department of 134
Health and Human Services and which claims are made in 135
accordance with s. 343(r) of the federal act, and which are not 136
considered drugs solely because their labels or labeling contain 137
health claims; 138
5. Dietary supplements as defined in 21 U.S.C. s. 139
321(ff)(1) and (2); and 140
6. Consumable THC products, excluding THC-infused 141
beverages Hemp extract as defined in s. 581.218(1) s. 581.217. 142
143
The term includes any raw, cooked, or processed edible 144
substance; ice; any beverage; or any ingredient used, intended 145
for use, or sold for human consumption. 146
Section 3. Section 581.218, Florida Statutes, is created 147
to read: 148
581.218 Restrictions on the sale of THC-infused 149
beverages.— 150

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(1) DEFINITIONS.—As used in this section, the term "THC-151
infused beverage" means a soft drink, soda, juice, tea, or other 152
beverage intended for ingestion which contains low-THC cannabis 153
as defined in s. 381.986. 154
(2) PROHIBITIONS.— 155
(a) It is unlawful for any person to: 156
1. Sell, give, serve, or permit to be served THC-infused 157
beverages to a person under 21 years of age, or permit a person 158
under 21 years of age to consume such beverages. A person who 159
violates this subparagraph commits a misdemeanor of the second 160
degree, punishable as provided in s. 775.082 or s. 775.083. A 161
person who violates this subparagraph a second or subsequent 162
time within 1 year after a prior conviction commits a 163
misdemeanor of the first degree, punishable as provided in s. 164
775.082 or s. 775.083. 165
2. Possess THC-infused beverages if such person is under 166
21 years of age. Any person who violates this subparagraph 167
commits a misdemeanor of the second degree, punishable as 168
provided in s. 775.082 or s. 775.083. A second or subsequent 169
violation of this subparagraph less than 1 year after the first 170
violation is a misdemeanor of the first degree, punishable as 171
provided in s. 775.082 or s. 775.083. 172
3. Sell, at retail, THC-infused beverages at a location 173
other than premises licensed to sell alcoholic beverages under 174
s. 565.02(1). Unpermitted business sales, street sales, or 175

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festival sales are prohibited. 176
(b) THC-infused beverages may not contain alcoholic 177
beverages or intoxicating beverages as defined in s. 561.01(4) 178
and (5), respectively. 179
(3) RETAIL SALE OF THC-INFUSED BEVERAGES.— 180
(a) An establishment permitted to sell THC-infused 181
beverages may not be located within 500 feet of a school or day 182
care facility. 183
(b) Retail sales of THC-infused beverages or transfers of 184
THC-infused beverages from retailer to consumer must take place 185
at a licensed retail location in a face-to-face transaction. The 186
delivery of THC-infused beverages to consumers, directly or 187
indirectly, is prohibited. 188
(c) A retail licensee permitted to sell THC-infused 189
beverages may not apply for or hold either of the following: 190
1. A license to distribute such beverages under s. 191
581.217(7)(b). 192
2. A food permit to manufacture such beverages under 193
chapter 500 and rule 5K-4, Florida Administrative Code. 194
(4) THC-INFUSED BEVERAGE DISTRIBUTOR.— 195
(a) THC-infused beverages may be distributed in this state 196
only by a distributor licensed under the Beverage Law as 197
described in s. 561.14(2). A distributor permitted to distribute 198
THC-infused beverages must own or lease a licensed premises in 199
this state. 200

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(b) A distributor of THC-infused beverages may not: 201
1. Assist any retail vendor by any gift or loan of money 202
or property of any description, including equipment, fixtures, 203
or furnishings. 204
2. Sell or provide THC-infused beverages to a retail 205
vendor who does not hold an active hemp permit. 206
3. Make consignment sales to retail vendors of THC-infused 207
beverages, including any right of return or exchange because the 208
product is overstocked or slow moving. 209
4. Give a retailer of THC-infused beverages anything of 210
value to promote THC-infused beverages or provide shelf space or 211
floor space to stock or promote THC-infused beverages. 212
5. Apply for or hold a food permit to manufacture THC-213
infused beverages under chapter 500 and rule 5K-4, Florida 214
Administrative Code. 215
(c) Distributors shall pay a tax at the rate of 5 cents 216
per milligram of hemp-derived cannabinoid in each THC-infused 217
beverage sold at wholesale in this state. The tax shall be paid 218
to the Division of Alcoholic Beverages and Tobacco within the 219
Department of Business and Professional Regulation monthly on or 220
before the 10th day of the following month. 221
(d) Credit for the sale of THC-infused beverages may be 222
extended by distributors to any vendor up to, but not including, 223
the 10th day after the calendar week within which such sale was 224
made. 225

HB 1409 2026

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(5) THC-INFUSED BEVERAGE RETAIL VENDOR.—A retail vendor of 226
THC-infused beverages may not: 227
(a) Purchase or otherwise obtain such beverages from a 228
person not licensed as a distributor licensed under the Beverage 229
Law as described in s. 561.14(2). 230
(b) Attempt to return to a distributor or exchange a THC-231
infused beverage because the product is overstocked or slow 232
moving. 233
(6) TESTING AND PURITY.—THC-infused beverages 234
manufactured, marketed, distributed, or sold at retail in this 235
state must comply with all testing, purity, THC limit, 236
packaging, and labeling requirements in s. 581.217. 237
(7) CIVIL PENALTIES.—A person or entity that violates this 238
section is subject to a civil penalty levied by the Division of 239
Alcoholic Beverages and Tobacco within the Department of 240
Business and Professional Regulation according to the following 241
schedule: 242
(a) One thousand dollars for a first offense. 243
(b) Five thousand dollars for a second offense. 244
(c) Ten thousand dollars for a third or subsequent 245
offense. 246
Section 4. For the purpose of incorporating the amendment 247
made by this act to section 316.1936, Florida Statutes, in a 248
reference thereto, subsection (5) of section 316.2069, Florida 249
Statutes, is reenacted to read: 250

HB 1409 2026

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316.2069 Commercial megacycles.—The governing body of a 251
municipality, or the governing board of a county with respect to 252
an unincorporated portion of the county, may authorize the 253
operation of a commercial megacycle on roads or streets within 254
the respective jurisdictions if the requirements of subsections 255
(1)-(3) are met: 256
(5) Section 316.1936 does not apply to the passengers 257
being transported in a commercial megacycle while operating in 258
accordance with this section. 259
Section 5. This act shall take effect July 1, 2026. 260