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Are THC Drinks Legal in Florida? The 2026 Guide
Short answer: yes, for now. Florida is one of the more open states in the country for hemp-derived THC beverages -- here's the actual statute, what isn't regulated yet, and what's already been tried and failed to change that.
Last verified: August 2026
Quick Answer
Yes. Hemp-derived Delta-9 THC beverages, San Buzi included, are currently legal to sell and ship to Florida. They’re governed by Fla. Stat. §581.217, which sets a 0.3% total Delta-9 THC dry-weight limit at the plant-material level -- there is currently no beverage-specific milligram-per-can cap, and no separate state hemp-beverage retailer license required to sell them.
The actual statute
Florida regulates hemp-derived THC beverages under Chapter 581, Section 217 of the Florida Statutes, which defines hemp by the same 0.3% total Delta-9 THC dry-weight threshold used federally. That’s a plant-compliance standard, not a per-can dosage limit -- Florida hasn’t (yet) set a separate rule capping how many milligrams of THC a single beverage can contain, the way some other states have. As of this writing, hemp-derived THC beverages are sold in Florida the same way any other grocery or convenience item is: no cannabis license, no specialty retailer registration.
What’s been tried, and failed, to change this
Florida’s legislature has had real opportunities to restrict this category and hasn’t:
- June 2024: Governor DeSantis vetoed SB 1698, a bill that would have restricted or banned delta-8 and related hemp products statewide.
- March 2026: The 2026 legislative session adjourned without enacting HB 801, a bill that would have created a formal hemp-beverage licensing system.
Two separate attempts, two years apart, neither one changed the underlying rule. That’s not a guarantee nothing changes going forward -- state hemp law is moving quickly nationwide -- but it is the actual track record in Florida specifically, not speculation about what might happen.
Try San Buzi
Hemp-derived THC lemonade made in Atlanta — 10mg THC + 5mg CBG, zero alcohol, zero calories.
What this doesn’t cover
- The federal picture is separate and shifting. Florida’s own rule doesn’t insulate a Florida buyer from a federal change -- see our 2026 hemp beverage ban explainer for what’s coming at the federal level and when.
- Legal status isn’t the same as San Buzi actually shipping to you. Whether we currently ship to a given Florida address is a live checkout question, not something this page can answer for you.
- This is a snapshot, not a live feed. It reflects Florida law as of the review date below. For anything you’re relying on, confirm directly with the Florida Department of Agriculture and Consumer Services or an attorney.
Sources
- Chapter 581 Section 217 — Florida Statutes, The Florida Senate
- DeSantis vetoes SB 1698 restricting intoxicating hemp-based products — NBC 6 South Florida
Last reviewed: August 31, 2026.
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For the full state-by-state picture, see Are THC Drinks Legal in Your State?