Florida Senate - 2026                                    SB 1368
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01526A-26                                          20261368__
    1                        A bill to be entitled                      
    2         An act relating to THC; amending s. 316.1936, F.S.;
    3         defining the term “THC-infused beverage”; prohibiting
    4         a person from possessing an open container of a THC
    5         infused beverage or consuming such beverage while
    6         operating a vehicle in this state, being a passenger
    7         in or on a vehicle being operated in this state, or
    8         while seated in or on a parked or stopped motor
    9         vehicle within a road in this state; authorizing a
   10         county or municipality to adopt certain restrictions
   11         on the possession of THC-infused beverages in
   12         vehicles; amending s. 500.03, F.S.; revising the
   13         definition of the term “food”; creating s. 581.218,
   14         F.S.; defining the term “THC-infused beverage”;
   15         prohibiting a person from selling, giving, serving, or
   16         permitting the service of THC-infused beverages to
   17         persons under 21 years of age; providing criminal
   18         penalties; prohibiting the possession of THC-infused
   19         beverages by persons under 21 years of age; providing
   20         criminal penalties; prohibiting the retail sale of
   21         THC-infused beverages at certain locations;
   22         prohibiting THC-infused beverages from containing
   23         alcoholic or intoxicating beverages; prohibiting the
   24         location of an establishment permitted to sell THC
   25         infused beverages within a certain distance of a
   26         school or day care facility; requiring that a retail
   27         sale or transaction for THC-infused beverages occur in
   28         a specified manner; prohibiting the direct delivery of
   29         THC-infused beverages to consumers; prohibiting a
   30         retail licensee from applying for or holding certain
   31         licenses and permits; requiring that THC-infused
   32         beverages be distributed by a licensed distributor;
   33         prohibiting a THC-infused beverage distributor from
   34         taking certain actions; requiring such distributors to
   35         pay a certain tax to the Division of Alcoholic
   36         Beverages and Tobacco within the Department of
   37         Business and Professional Regulation; authorizing THC
   38         infused beverage distributors to credit sales to a
   39         vendor; prohibiting a retail vendor of THC-infused
   40         beverages from taking certain actions; requiring
   41         certain THC-infused beverages to comply with certain
   42         requirements; providing civil penalties; reenacting s.
   43         316.2069(5), F.S., relating to commercial megacycles,
   44         to incorporate the amendment made to s. 316.1936,
   45         F.S., in a reference thereto; providing an effective
   46         date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Section 316.1936, Florida Statutes, is amended
   51  to read:
   52         316.1936 Possession of open containers of alcoholic
   53  beverages or THC-infused beverages in vehicles prohibited;
   54  penalties.—
   55         (1) As used in this section, the term:
   56         (a) “Open container” means any container of an alcoholic
   57  beverage or a THC-infused beverage which is immediately capable
   58  of being consumed from, or the seal of which has been broken.
   59         (b) “Road” means a way open to travel by the public,
   60  including, but not limited to, a street, a highway, or an alley.
   61  The term includes associated sidewalks, the roadbed, the right
   62  of-way, and all culverts, drains, sluices, ditches, water
   63  storage areas, embankments, slopes, retaining walls, bridges,
   64  tunnels, and viaducts necessary for the maintenance of travel,
   65  and all ferries used in connection therewith.
   66         (c)“THC-infused beverage” means a soft drink, soda, juice,
   67  tea, or other beverage intended for ingestion which contains
   68  low-THC cannabis as defined in s. 381.986.
   69         (2)(a) It is unlawful and punishable as provided in this
   70  section for any person to do either of the following while
   71  operating a vehicle in this state or while being a passenger in
   72  or on a vehicle being operated in this state:
   73         1. Possess an open container of an alcoholic beverage or a
   74  THC-infused beverage.
   75         2. Consume an alcoholic beverage or a THC-infused beverage
   76  while operating a vehicle in the state or while a passenger in
   77  or on a vehicle being operated in the state.
   78         (b) It is unlawful and punishable as provided in this
   79  section for any person to do either of the following while
   80  seated in or on a motor vehicle that is parked or stopped within
   81  a road:
   82         1. Possess an open container of an alcoholic beverage or a
   83  THC-infused beverage.
   84         2. Consume an alcoholic beverage or a THC-infused beverage
   85  while seated in or on a motor vehicle that is parked or stopped
   86  within a road as defined in this section.
   87         (c) Notwithstanding the prohibition contained in this
   88  section, passengers in vehicles designed, maintained, and used
   89  primarily for the transportation of persons for compensation and
   90  in motor homes are exempt.
   91         (3) An open container shall be considered to be in the
   92  possession of the operator of a vehicle if the container is not
   93  in the possession of a passenger and is not located in a locked
   94  glove compartment, locked trunk, or other locked nonpassenger
   95  area of the vehicle.
   96         (4) An open container shall be considered to be in the
   97  possession of a passenger of a vehicle if the container is in
   98  the physical control of the passenger.
   99         (5) This section shall not apply to:
  100         (a) A passenger of a vehicle in which the driver is
  101  operating the vehicle pursuant to a contract to provide
  102  transportation for passengers and such driver holds a valid
  103  commercial driver license with a passenger endorsement issued in
  104  accordance with the requirements of chapter 322;
  105         (b) A passenger of a bus in which the driver holds a valid
  106  commercial driver license with a passenger endorsement issued in
  107  accordance with the requirements of chapter 322; or
  108         (c) A passenger of a self-contained motor home which is in
  109  excess of 21 feet in length.
  110         (6) Any operator of a vehicle who violates this section is
  111  guilty of a noncriminal moving traffic violation, punishable as
  112  provided in chapter 318. A passenger of a vehicle who violates
  113  this section is guilty of a nonmoving traffic violation,
  114  punishable as provided in chapter 318.
  115         (7) A county or municipality may adopt an ordinance which
  116  imposes more stringent restrictions on the possession of
  117  alcoholic beverages or THC-infused beverages in vehicles than
  118  those imposed by this section.
  119         (8) Nothing in this section prohibits the enforcement of s.
  120  316.302.
  121         (9) An alcoholic beverage that has been sealed by a
  122  licensee or the employee of a licensee and is transported
  123  pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) is
  124  not an open container under this section.
  125         Section 2. Paragraph (n) of subsection (1) of section
  126  500.03, Florida Statutes, is amended to read:
  127         500.03 Definitions; construction; applicability.—
  128         (1) For the purpose of this chapter, the term:
  129         (n) “Food” includes:
  130         1. Articles used for food or drink for human consumption;
  131         2. Chewing gum;
  132         3. Articles used for components of any such article;
  133         4. Articles for which health claims are made, which claims
  134  are approved by the Secretary of the United States Department of
  135  Health and Human Services and which claims are made in
  136  accordance with s. 343(r) of the federal act, and which are not
  137  considered drugs solely because their labels or labeling contain
  138  health claims;
  139         5. Dietary supplements as defined in 21 U.S.C. s.
  140  321(ff)(1) and (2); and
  141         6. Consumable THC products, excluding THC-infused beverages
  142  Hemp extract as defined in s. 581.218(1) s. 581.217.
  143  
  144  The term includes any raw, cooked, or processed edible
  145  substance; ice; any beverage; or any ingredient used, intended
  146  for use, or sold for human consumption.
  147         Section 3. Section 581.218, Florida Statutes, is created to
  148  read:
  149         581.218Restrictions on the sale of THC-infused beverages.
  150         (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 21
  166  years of age. Any person who violates this subparagraph commits
  167  a misdemeanor of the second degree, punishable as provided in s.
  168  775.082 or s. 775.083. A second or subsequent violation of this
  169  subparagraph less than 1 year after the first violation is a
  170  misdemeanor of the first degree, punishable as provided in s.
  171  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  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         (b)A distributor of THC-infused beverages may not:
  201         1.Assist any retail vendor by any gift or loan of money or
  202  property of any description, including equipment, fixtures, or
  203  furnishings.
  204         2.Sell or provide THC-infused beverages to a retail vendor
  205  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 per
  216  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         (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 manufactured,
  234  marketed, distributed, or sold at retail in this state must
  235  comply with all testing, purity, THC limit, packaging, and
  236  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 offense.
  245         Section 4. For the purpose of incorporating the amendment
  246  made by this act to section 316.1936, Florida Statutes, in a
  247  reference thereto, subsection (5) of section 316.2069, Florida
  248  Statutes, is reenacted to read:
  249         316.2069 Commercial megacycles.—The governing body of a
  250  municipality, or the governing board of a county with respect to
  251  an unincorporated portion of the county, may authorize the
  252  operation of a commercial megacycle on roads or streets within
  253  the respective jurisdictions if the requirements of subsections
  254  (1)-(3) are met:
  255         (5) Section 316.1936 does not apply to the passengers being
  256  transported in a commercial megacycle while operating in
  257  accordance with this section.
  258         Section 5. This act shall take effect July 1, 2026.