THE BILL ITSELF
HB 801
Sale of THC-infused Beverages
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A bill to be entitled
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An act relating to the sale of thc-infused beverages;
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amending s. 561.20, F.S.; authorizing the Division of
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Alcoholic Beverages and Tobacco to issue a special
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license for the retail sale of THC-infused beverages;
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requiring such license for the retail sale of THC-
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infused beverages; prohibiting the sale of such
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beverages if such license is not issued; providing
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penalties; defining the term "THC-infused beverage";
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (14) is added to section 561.20, Florida Statutes, to read:
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561.20 Limitation upon number of licenses issued.—
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(14)(a) In addition to any license that may be issued
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under this chapter, the division may issue a special license for
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the retail sale of a THC-infused beverage pursuant to s.
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561.20(a)4., which authorizes the sale of intoxicating beverages
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by the drink for consumption on the licensed premises of a
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restaurant.
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(b) Notwithstanding any provisions in this chapter, or any
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other law to the contrary, a THC-infused beverage may be sold at
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retail only by an individual or entity that is issued a quota
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license pursuant to subsection (1) or a special license pursuant
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to this subsection by the division.
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(c) Any individual or entity that has not been issued a
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quota license under subsection (1) or a special license under
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this section by the division may not sell, offer for sale,
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possess for sale, or distribute for sale THC-infused beverages
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in this state.
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(d) A violation of this section constitutes an unlicensed
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activity under the Beverage Law and shall be punished in the
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same manner as the unlicensed sale or service of alcoholic
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beverages, including penalties under chapters 561, 562, and 565.
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(e) As used in this subsection, the term "THC-infused
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beverage" means any beverage intended for human consumption that
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contains hemp-derived delta-9-tetrahydrocannabinol or any other
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intoxicating cannabinoid in any amount, regardless of whether
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such beverage is an alcoholic beverage.
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Section 2. This act shall take effect July 1, 2026.