Is Delta-9 Legal in Florida? THC Drinks, 2026 Guide

The actual statute

Florida regulates hemp-derived THC beverages under Chapter 581, Section 217 of the Florida Statutes, which limits hemp extract to 0.3% total delta-9 THC on a wet-weight basis. That’s a concentration limit, 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, with no cannabis license. Two rules apply to every sale: section 581.217(7)(d) bars selling ingestible hemp extract to anyone under 21, and FDACS Rule 5K-4.034 bars mailing, shipping or delivering it until the buyer’s age (21+) is confirmed.

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: SB 1270 (“Food and Hemp Products”) died in committee on March 13, 2026, and the session ended without new hemp legislation.

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.

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Hemp-derived THC lemonade made in Atlanta — 10mg THC + 5mg CBG, zero alcohol, zero calories. We ship to Florida.

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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.
• Other states have their own rules. Georgia, where San Buzi is made, has its own guide: Are THC Drinks Legal in Georgia?
• 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
• Rule 5K-4.034, F.A.C., Hemp Extract Intended for Human Consumption -- Florida Administrative Code
• SB 1270 (2026), Food and Hemp Products, bill history -- The Florida Senate

Last reviewed: October 12, 2026.

Check a different state

For the full state-by-state picture, see Are THC Drinks Legal in Your State?