Florida Senate - 2026                                    SB 1678
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-01572-26                                           20261678__
    1                        A bill to be entitled                      
    2         An act relating to THC-infused beverages; amending s.
    3         561.20, F.S.; defining the term “THC-infused
    4         beverage”; authorizing a holder of an active
    5         qualifying alcoholic beverage license to sell, offer
    6         to sell, or distribute THC-infused beverages at retail
    7         in this state; prohibiting any person or entity that
    8         does not hold an active, qualifying alcoholic beverage
    9         license from selling, offering for sale, possessing
   10         for sale, or distributing THC-infused beverages in
   11         this state; providing that a violation of the act
   12         constitutes an unlicensed activity under the Beverage
   13         Law and is punishable in the same manner as the
   14         unlicensed sale of alcoholic beverages; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (14) is added to section 561.20,
   20  Florida Statutes, to read:
   21         561.20 Limitation upon number of licenses issued.—
   22         (14)(a) As used in this subsection, the term “THC-infused
   23  beverage” means any beverage intended for human consumption
   24  which contains any intoxicating hemp-derived cannabinoid,
   25  including, but not limited to, Delta-8 tetrahydrocannabinol,
   26  Delta-9 tetrahydrocannabinol, Delta-10 tetrahydrocannabinol,
   27  hexahydrocannabinol, tetrahydrocannabinol-O, or
   28  tetrahydrocannabinol-P, in any amount, regardless of whether
   29  such beverage also contains alcohol.
   30         (b) Notwithstanding s. 581.217 or any other law, a THC
   31  infused beverage may be sold, offered for sale, or distributed
   32  at retail in this state only by the holder of an active
   33  alcoholic beverage license issued pursuant to subsection (1) or
   34  subparagraph (2)(a)4.
   35         (c) Any person or entity that does not hold an active
   36  alcoholic beverage license issued pursuant to subsection (1) or
   37  subparagraph (2)(a)4. is prohibited from selling, offering for
   38  sale, possessing for sale, or distributing THC-infused beverages
   39  in this state.
   40         (d) A violation of this subsection constitutes an
   41  unlicensed activity under the Beverage Law and is punishable in
   42  the same manner as the unlicensed sale or service of alcoholic
   43  beverages, including penalties provided in this chapter and
   44  chapters 562 and 565.
   45         Section 2. This act shall take effect July 1, 2026.