We live in a world where recreational cannabis use is becoming more widely acceptable. Dispensaries are popping up left and right, and different forms of weed like THC drinks are becoming a favorite.
Yet, despite the popularity of THC-infused drinks, some regions in the United States are still implementing strict consumption and commercial guidelines. Today, Florida is at the center of our discussion, and we will explore whether or not THC drinks are legal in the Sunshine State.
Are you a state visitor or Florida resident who is a fan of drinkable weed? This article is for you.
What Are THC-Infused Drinks?
As the name suggests, THC drinks are beverages infused with the most well-known cannabinoid—Delta 9 THC. They have become popular among recreational cannabis users because they provide the same mind-altering buzz as other THC products, but in a refreshing, drinkable form.
However, the high from THC-infused drinks is more manageable because these beverages typically come in lower and fixed doses. Like all edibles found in regulated dispensaries, cannabis drinks have THC levels ranging between 5 and 10 milligrams, which is the perfect dose for people who are just getting into edibles.
THC-infused drinks have also become an alternative to alcohol for those who prefer a healthier option that does not leave hangovers or lead to bad decision-making.
The Legal Landscape of Cannabis in Florida
Florida may have a reputation for having a quirky and eccentric vibe, but many of you may be surprised by its cannabis laws, particularly when it comes to recreational use. And in 2025, the guidelines remain quite tricky to navigate.
A July report from local media outlet Pensacola News Journal confirmed that medical cannabis is legal in the state. As per usual, a person must secure a medical marijuana card or a caregiver card to be granted permission to purchase products from regulated Florida-based dispensaries.
However, recreational cannabis use remains illegal in Florida. In 2024, Florida Amendment 3, aimed at legalizing recreational use, was on the ballot. It was defeated because it failed to secure the required 60% of votes.
So, where does that put the legality of THC beverages in the state? This can be a little bit complex, so we’re breaking it down.
Like all 50 states in the US, Florida adheres to the 2018 Farm Bill that permits the sale of hemp-derived products containing no more than 0.3% THC.
However, it is also worth noting that the US Congress also passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act in 2022. This bill decriminalizes and removes cannabis from the list of scheduled substances, as well as expunging criminal charges for people who possess, manufacture, or distribute it. However, it has yet to be enacted into law.
To answer the question, THC beverages remain in a legal gray area in Florida and the rest of the states that have stricter cannabis laws.
Hemp-Derived THC Drinks: Are They Legal in Florida?
As we mentioned in the previous section, hemp-derived products are legal on a federal level, as long as each product does not contain more than 0.3 percent THC. This is in adherence to the 2018 Farm Bill, which allows the production of hemp in the United States and subsequently removes it from the controlled substance list.
Therefore, hemp-derived drinks are legal in Florida, as long as each product does not exceed the required THC amount.
Potential Regulatory Changes and Legal Gray Areas of THC Drinks in Florida
While hemp-derived drinks may not get you in trouble in the state of Florida, there have been some regulatory changes that put THC beverages in a legal gray area.
Apart from the MORE Act, which was aimed at federal-level implementation, Florida’s state government also proposed new bills to impose new regulations on the sale and production of hemp products.
According to an April report by the Tallahassee Democrat, the House and Senate proposed the imposition of stricter regulations on consumable hemp-based products, which include THC-infused beverages. The Senate also proposed a requirement for THC drinks to be distributed by alcohol wholesalers, retailers, and establishments with proper liquor licenses.
Senators also recommended a maximum THC level for each product to be at five milligrams, which is typically the smallest amount found in cannabis edibles like gummies or chocolate bars.
How Much Can You Buy From a Dispensary at a Time By State? Medical and Recreational
What Are the Requirements For Selling THC Drinks In Florida?
As mentioned in a previous section, Florida strictly adheres to the 2018 Farm Bill that allows the sale and consumption of hemp-derived products with no more than 0.3 percent THC. If you’re selling THC drinks in the state, you must adhere to these guidelines.
Florida also approved amendments to its Hemp Extract Laws in March, which went into effect on June 16. According to a July report, the state cracked down on illegal products through “Operation Safe Summer.”
Their main goal was to protect children from potentially health-threatening products disguised as harmless treats. The report adds that the Florida Department of Agriculture & Consumer Services (FDACS) removed over 85,000 questionable hemp-derived packages that allegedly violated child-protection standards.
The state government also launched “Operation Kandy Krush,” which targeted illegal products that appeared attractive to children. FDACS claims it uncovered over 83,000 packages that violated these regulations.
Based on the recent laws regarding hemp products, here are the requirements sellers must follow:
- Restricted marketing and advertising bans references to illegal substances that promote cannabis use.
- Hemp products must contain clear labels of serving sizes.
- Products must include QR codes that transparently show analysis reports that show the total concentration of Delta-9 THC and confirm the presence or absence of banned substances.
- Manufacturers must use child-resistant packaging that would deter possible accidental misuse.
What Are the Sanctions For Illegally Selling and Consuming THC Drinks in Florida?
Since recreational cannabis use remains illegal in Florida, selling it in different forms, including cannabis-derived THC beverages, is punishable by state law. And as of July, violations carry strict sanctions based on the 2024 Florida Statutes.
While some municipalities have decriminalized the possession of a maximum of 20 grams of cannabis, statewide laws are a different issue to deal with. Here are the penalties:
| Possession |
| 20 grams or less: A misdemeanor that carries a maximum yearlong jail sentence and a $1,000 fine. Paraphernalia possession: A misdemeanor that carries a yearlong jail stint and a $1,000 fine. More than 20 grams: A felony that carries between 5 and 30 years in jail, and fines between $5,000 and $200,000. Carrying within 1,000 feet of a school, college, or park: A felony with a mandatory three-year sentence and a maximum fine of $10,000. |
| Selling |
| 25 grams or less, without remuneration: A misdemeanor that entails a maximum yearlong jail sentence and a $1,000 fine. 25 grams: A felony with a maximum five-year jail sentence and a $5,000 fine. 2,000 pounds: A felony with up to 15 years in jail and a maximum $25,000 fine. Less than 10,000 pounds: A felony with a minimum of seven years in jail and a maximum $50,000 fine. More than 10,000 pounds: A felony with a minimum of 15 years in jail and a maximum $200,000 fine. Sale within a restricted area: An added 3 to 15 years and a $10,000 fine. |
What to Expect if You Buy or Sell THC Drinks in Florida
Since recreational THC consumption remains in limbo in Florida, buying and selling products is a bit complicated. For one, sellers may need to jump through a few hoops before they can successfully market their products for sale.
If you’re a liquor store or restaurant owner, you must first acquire a liquor license. As we mentioned in a previous section, it is one of the many requirements mandated by state laws for retailers who want to sell THC-infused beverages.
Another requirement for sellers is that their hemp-derived products must not exceed the 0.3 percent THC threshold. Going above it, even just a bit, makes it illegal and warrants the corresponding sanctions.
For consumers, you must be of legal drinking age (21 years old) to be able to purchase THC-infused beverages.
Staying Compliant in Florida When Selling THC Drinks
Florida imposes strict cannabis laws, thanks to Governor Ron DeSantis. He even signed a new law in late June that authorizes state health officials to revoke medical cannabis licenses to people who “enter certain pleas or are found guilty of certain (drug) offenses.” They are not playing around.
So, how do you remain compliant as a cannabis business owner who specializes in THC drinks? Here are some things to keep in mind:
- Ensure that your products are hemp-derived with a THC potency that does not exceed 0.3 percent.
- Ensure that your products do not contain other cannabinoids outside of Delta-9 THC, since the others have yet to be researched further.
- Package your products accordingly, making sure that they don’t appeal to children or underage consumers.
- Have your products undergo rigorous testing to ensure they comply with these protocols.
- Restrict your sales to licensed dispensaries only, ensuring that products are not easily accessible to customers.
Purchase Your THC Drinks From Reliable Sources Only
Whether you’re in Florida or any other state in the US, it would be best to purchase products like THC drinks from reliable and licensed sources only. And if you don’t have access to a nearby dispensary, The Hemp Doctor is here for you.
Check out our wholesale offers for Delta 9 THC-infused beverages. You can pick from drink mixes and seltzers that come in different flavors. It is important to note that these products contain at least 15 mg of THC and a maximum of 100 mg for more experienced consumers.
Visit our website today and discover the variety of products that suit your preferences.
FAQs
With THC-infused beverages rising in popularity, many people have questions. Here are the most frequently asked queries that we’re answering to hopefully provide some clarity.
