Senate Bill 1368 (2026) — Filed
SB 1368
Florida Bills
Florida Senate - 2026 SB 1368 By Senator Rouson 16-01526A-26 20261368__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to THC; amending s. 316.1936, F.S.; 2 defining the term “THC-infused beverage”; prohibiting 3 a person from possessing an open container of a THC-4 infused beverage or consuming such beverage while 5 operating a vehicle in this state, being a passenger 6 in or on a vehicle being operated in this state, or 7 while seated in or on a parked or stopped motor 8 vehicle within a road in this state; authorizing a 9 county or municipality to adopt certain restrictions 10 on the possession of THC-infused beverages in 11 vehicles; amending s. 500.03, F.S.; revising the 12 definition of the term “food”; creating s. 581.218, 13 F.S.; defining the term “THC-infused beverage”; 14 prohibiting a person from selling, giving, serving, or 15 permitting the service of THC-infused beverages to 16 persons under 21 years of age; providing criminal 17 penalties; prohibiting the possession of THC-infused 18 beverages by persons under 21 years of age; providing 19 criminal penalties; prohibiting the retail sale of 20 THC-infused beverages at certain locations; 21 prohibiting THC-infused beverages from containing 22 alcoholic or intoxicating beverages; prohibiting the 23 location of an establishment permitted to sell THC-24 infused beverages within a certain distance of a 25 school or day care facility; requiring that a retail 26 sale or transaction for THC-infused beverages occur in 27 a specified manner; prohibiting the direct delivery of 28 THC-infused beverages to consumers; prohibiting a 29
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. retail licensee from applying for or holding certain 30 licenses and permits; requiring that THC-infused 31 beverages be distributed by a licensed distributor; 32 prohibiting a THC-infused beverage distributor from 33 taking certain actions; requiring such distributors to 34 pay a certain tax to the Division of Alcoholic 35 Beverages and Tobacco within the Department of 36 Business and Professional Regulation; authorizing THC-37 infused beverage distributors to credit sales to a 38 vendor; prohibiting a retail vendor of THC-infused 39 beverages from taking certain actions; requiring 40 certain THC-infused beverages to comply with certain 41 requirements; providing civil penalties; reenacting s. 42 316.2069(5), F.S., relating to commercial megacycles, 43 to incorporate the amendment made to s. 316.1936, 44 F.S., in a reference thereto; providing an effective 45 date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49
Section
Section 316.1936, Florida Statutes, is amended 50 to read: 51 316.1936 Possession of open containers of alcoholic 52 beverages or THC-infused beverages in vehicles prohibited; 53 penalties.— 54
(1) As used in this section, the term: 55 (a) “Open container” means any container of an alcoholic 56 beverage or a THC-infused beverage which is immediately capable 57 of being consumed from, or the seal of which has been broken. 58
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. (b) “Road” means a way open to travel by the public, 59 including, but not limited to, a street, a highway, or an alley. 60 The term includes associated sidewalks, the roadbed, the right-61 of-way, and all culverts, drains, sluices, ditches, water 62 storage areas, embankments, slopes, retaining walls, bridges, 63 tunnels, and viaducts necessary for the maintenance of travel, 64 and all ferries used in connection therewith. 65 (c) “THC-infused beverage” means a soft drink, soda, juice, 66 tea, or other beverage intended for ingestion which contains 67 low-THC cannabis as defined in s. 381.986. 68 (2)(
a) It is unlawful and punishable as provided in this 69
section for any person to do either of the following while 70 operating a vehicle in this state or while being a passenger in 71 or on a vehicle being operated in this state: 72 1. Possess an open container of an alcoholic beverage or a 73 THC-infused beverage. 74 2. Consume an alcoholic beverage or a THC-infused beverage 75 while operating a vehicle in the state or while a passenger in 76 or on a vehicle being operated in the state. 77 (
b) It is unlawful and punishable as provided in this 78
section for any person to do either of the following while 79 seated in or on a motor vehicle that is parked or stopped within 80 a road: 81 1. Possess an open container of an alcoholic beverage or a 82 THC-infused beverage. 83 2. Consume an alcoholic beverage or a THC-infused beverage 84 while seated in or on a motor vehicle that is parked or stopped 85 within a road as defined in this section. 86 (
c) Notwithstanding the prohibition contained in this 87
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. section, passengers in vehicles designed, maintained, and used 88 primarily for the transportation of persons for compensation and 89 in motor homes are exempt. 90
(3) An open container shall be considered to be in the 91 possession of the operator of a vehicle if the container is not 92 in the possession of a passenger and is not located in a locked 93 glove compartment, locked trunk, or other locked nonpassenger 94 area of the vehicle. 95
(4) An open container shall be considered to be in the 96 possession of a passenger of a vehicle if the container is in 97 the physical control of the passenger. 98
(5) This
section shall not apply to: 99 (
a) A passenger of a vehicle in which the driver is 100 operating the vehicle pursuant to a contract to provide 101 transportation for passengers and such driver holds a valid 102 commercial driver license with a passenger endorsement issued in 103 accordance with the requirements of
chapter 322; 104 (
b) A passenger of a bus in which the driver holds a valid 105 commercial driver license with a passenger endorsement issued in 106 accordance with the requirements of
chapter 322; or 107 (
c) A passenger of a self-contained motor home which is in 108 excess of 21 feet in length. 109
(6) Any operator of a vehicle who violates this
section is 110 guilty of a noncriminal moving traffic violation, punishable as 111 provided in
chapter 318. A passenger of a vehicle who violates 112 this
section is guilty of a nonmoving traffic violation, 113 punishable as provided in
chapter 318. 114
(7) A county or municipality may adopt an ordinance which 115 imposes more stringent restrictions on the possession of 116
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. alcoholic beverages or THC-infused beverages in vehicles than 117 those imposed by this section. 118
(8) Nothing in this
section prohibits the enforcement of s. 119 316.302. 120
(9) An alcoholic beverage that has been sealed by a 121 licensee or the employee of a licensee and is transported 122 pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) is 123 not an open container under this section. 124
Section 2. Paragraph (
n) of subsection (1) of
section 125 500.03, Florida Statutes, is amended to read: 126 500.03
Definitions; construction; applicability.— 127
(1) For the purpose of this chapter, the term: 128 (n) “Food” includes: 129 1. Articles used for food or drink for human consumption; 130 2. Chewing gum; 131 3. Articles used for components of any such article; 132 4. Articles for which health claims are made, which claims 133 are approved by the Secretary of the United States Department of 134 Health and Human Services and which claims are made in 135 accordance with s. 343(
r) of the federal act, and which are not 136 considered drugs solely because their labels or labeling contain 137 health claims; 138 5. Dietary supplements as defined in 21 U.S.C. s. 139 321(ff)(1) and (2); and 140 6. Consumable THC products, excluding THC-infused beverages 141 Hemp extract as defined in s. 581.218(1) s. 581.217. 142 143 The term includes any raw, cooked, or processed edible 144 substance; ice; any beverage; or any ingredient used, intended 145
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. for use, or sold for human consumption. 146
Section
Section 581.218, Florida Statutes, is created to 147 read: 148 581.218 Restrictions on the sale of THC-infused beverages. 149
(1) DEFINITIONS.—As used in this section, the term “THC-150 infused beverage” means a soft drink, soda, juice, tea, or other 151 beverage intended for ingestion which contains low-THC cannabis 152 as defined in s. 381.986. 153
(2) PROHIBITIONS.— 154 (
a) It is unlawful for any person to: 155 1. Sell, give, serve, or permit to be served THC-infused 156 beverages to a person under 21 years of age, or permit a person 157 under 21 years of age to consume such beverages. A person who 158 violates this subparagraph commits a misdemeanor of the second 159 degree, punishable as provided in s. 775.082 or s. 775.083. A 160 person who violates this subparagraph a second or subsequent 161 time within 1 year after a prior conviction commits a 162 misdemeanor of the first degree, punishable as provided in s. 163 775.082 or s. 775.083. 164 2.
Possess THC-infused beverages if such person is under 21 165 years of age. Any person who violates this subparagraph commits 166 a misdemeanor of the second degree, punishable as provided in s. 167 775.082 or s. 775.083. A second or subsequent violation of this 168 subparagraph less than 1 year after the first violation is a 169 misdemeanor of the first degree, punishable as provided in s. 170 775.082 or s. 775.083. 171 3. Sell, at retail, THC-infused beverages at a location 172 other than premises licensed to sell alcoholic beverages under 173 s. 565.02(1). Unpermitted business sales, street sales, or 174
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. festival sales are prohibited. 175 (
b) THC-infused beverages may not contain alcoholic 176 beverages or intoxicating beverages as defined in s. 561.01(4) 177 and (5), respectively. 178
(3) RETAIL SALE OF THC-INFUSED BEVERAGES.— 179 (
a) An establishment permitted to sell THC-infused 180 beverages may not be located within 500 feet of a school or day 181 care facility. 182 (
b) Retail sales of THC-infused beverages or transfers of 183 THC-infused beverages from retailer to consumer must take place 184 at a licensed retail location in a face-to-face transaction. The 185 delivery of THC-infused beverages to consumers, directly or 186 indirectly, is prohibited. 187 (
c) A retail licensee permitted to sell THC-infused 188 beverages may not apply for or hold either of the following: 189 1. A license to distribute such beverages under s. 190 581.217(7)(b). 191 2. A food permit to manufacture such beverages under 192
chapter 500 and rule 5K-4, Florida Administrative Code. 193
(4) THC-INFUSED BEVERAGE DISTRIBUTOR.— 194 (
a) THC-infused beverages may be distributed in this state 195 only by a distributor licensed under the Beverage Law as 196 described in s. 561.14(2). A distributor permitted to distribute 197 THC-infused beverages must own or lease a licensed premises in 198 this state. 199 (
b) A distributor of THC-infused beverages may not: 200 1. Assist any retail vendor by any gift or loan of money or 201 property of any description, including equipment, fixtures, or 202 furnishings. 203
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. 2. Sell or provide THC-infused beverages to a retail vendor 204 who does not hold an active hemp permit. 205 3. Make consignment sales to retail vendors of THC-infused 206 beverages, including any right of return or exchange because the 207 product is overstocked or slow moving. 208 4. Give a retailer of THC-infused beverages anything of 209 value to promote THC-infused beverages or provide shelf space or 210 floor space to stock or promote THC-infused beverages. 211 5. Apply for or hold a food permit to manufacture THC-212 infused beverages under
chapter 500 and rule 5K-4, Florida 213 Administrative Code. 214 (
c) Distributors shall pay a tax at the rate of 5 cents per 215 milligram of hemp-derived cannabinoid in each THC-infused 216 beverage sold at wholesale in this state. The tax shall be paid 217 to the Division of Alcoholic Beverages and Tobacco within the 218 Department of Business and Professional Regulation monthly on or 219 before the 10th day of the following month. 220 (
d) Credit for the sale of THC-infused beverages may be 221 extended by distributors to any vendor up to, but not including, 222 the 10th day after the calendar week within which such sale was 223 made. 224
(5) THC-INFUSED BEVERAGE RETAIL VENDOR.—A retail vendor of 225 THC-infused beverages may not: 226 (
a) Purchase or otherwise obtain such beverages from a 227 person not licensed as a distributor licensed under the Beverage 228 Law as described in s. 561.14(2). 229 (
b) Attempt to return to a distributor or exchange a THC-230 infused beverage because the product is overstocked or slow 231 moving. 232
Florida Senate - 2026 SB 1368 16-01526A-26 20261368__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions.
(6) TESTING AND PURITY.—THC-infused beverages manufactured, 233 marketed, distributed, or sold at retail in this state must 234 comply with all testing, purity, THC limit, packaging, and 235 labeling requirements in s. 581.217. 236
(7) CIVIL PENALTIES.—A person or entity that violates this 237
section is subject to a civil penalty levied by the Division of 238 Alcoholic Beverages and Tobacco within the Department of 239 Business and Professional Regulation according to the following 240 schedule: 241 (
a) One thousand dollars for a first offense. 242 (
b) Five thousand dollars for a second offense. 243 (
c) Ten thousand dollars for a third or subsequent offense. 244
Section 4. For the purpose of incorporating the amendment 245 made by this act to
section 316.1936, Florida Statutes, in a 246 reference thereto, subsection (5) of
section 316.2069, Florida 247 Statutes, is reenacted to read: 248 316.2069 Commercial megacycles.—The governing body of a 249 municipality, or the governing board of a county with respect to 250 an unincorporated portion of the county, may authorize the 251 operation of a commercial megacycle on roads or streets within 252 the respective jurisdictions if the requirements of subsections 253 (1)-(3) are met: 254
(5) Section 316.1936 does not apply to the passengers being 255 transported in a commercial megacycle while operating in 256 accordance with this section. 257