Florida SB 1368: THC

Bill Text

1368 
THC 
2026-01-07T10:05:04Z 
Defining the term “THC-infused beverage”; prohibiting a person from possessing an open container of a THC-infused beverage or consuming such beverage while operating a vehicle in this state, being a passenger in or on a vehicle being operated in this state, or while seated in or on a parked or stopped motor vehicle within a road in this state; prohibiting a person from selling, giving, serving, or permitting the service of THC-infused beverages to persons under 21 years of age; providing criminal penalties, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1368 

 By Senator Rouson 

 16-01526A-26 20261368__ 
 1 A bill to be entitled 
 2 An act relating to THC; amending s. 316.1936, F.S.; 
 3 defining the term “THC-infused beverage”; prohibiting 
 4 a person from possessing an open container of a THC 
 5 infused beverage or consuming such beverage while 
 6 operating a vehicle in this state, being a passenger 
 7 in or on a vehicle being operated in this state, or 
 8 while seated in or on a parked or stopped motor 
 9 vehicle within a road in this state; authorizing a 
 10 county or municipality to adopt certain restrictions 
 11 on the possession of THC-infused beverages in 
 12 vehicles; amending s. 500.03, F.S.; revising the 
 13 definition of the term “food”; creating s. 581.218, 
 14 F.S.; defining the term “THC-infused beverage”; 
 15 prohibiting a person from selling, giving, serving, or 
 16 permitting the service of THC-infused beverages to 
 17 persons under 21 years of age; providing criminal 
 18 penalties; prohibiting the possession of THC-infused 
 19 beverages by persons under 21 years of age; providing 
 20 criminal penalties; prohibiting the retail sale of 
 21 THC-infused beverages at certain locations; 
 22 prohibiting THC-infused beverages from containing 
 23 alcoholic or intoxicating beverages; prohibiting the 
 24 location of an establishment permitted to sell THC 
 25 infused beverages within a certain distance of a 
 26 school or day care facility; requiring that a retail 
 27 sale or transaction for THC-infused beverages occur in 
 28 a specified manner; prohibiting the direct delivery of 
 29 THC-infused beverages to consumers; prohibiting a 
 30 retail licensee from applying for or holding certain 
 31 licenses and permits; requiring that THC-infused 
 32 beverages be distributed by a licensed distributor; 
 33 prohibiting a THC-infused beverage distributor from 
 34 taking certain actions; requiring such distributors to 
 35 pay a certain tax to the Division of Alcoholic 
 36 Beverages and Tobacco within the Department of 
 37 Business and Professional Regulation; authorizing THC 
 38 infused beverage distributors to credit sales to a 
 39 vendor; prohibiting a retail vendor of THC-infused 
 40 beverages from taking certain actions; requiring 
 41 certain THC-infused beverages to comply with certain 
 42 requirements; providing civil penalties; reenacting s. 
 43 316.2069(5), F.S., relating to commercial megacycles, 
 44 to incorporate the amendment made to s. 316.1936, 
 45 F.S., in a reference thereto; providing an effective 
 46 date. 
 47 
 48 Be It Enacted by the Legislature of the State of Florida: 
 49 
 50 Section 1. Section 316.1936, Florida Statutes, is amended 
 51 to read: 
 52 316.1936 Possession of open containers of alcoholic 
 53 beverages or THC-infused beverages in vehicles prohibited; 
 54 penalties.— 
 55 (1) As used in this section, the term: 
 56 (a) “Open container” means any container of an alcoholic 
 57 beverage or a THC-infused beverage which is immediately capable 
 58 of being consumed from, or the seal of which has been broken. 
 59 (b) “Road” means a way open to travel by the public, 
 60 including, but not limited to, a street, a highway, or an alley. 
 61 The term includes associated sidewalks, the roadbed, the right 
 62 of-way, and all culverts, drains, sluices, ditches, water 
 63 storage areas, embankments, slopes, retaining walls, bridges, 
 64 tunnels, and viaducts necessary for the maintenance of travel, 
 65 and all ferries used in connection therewith. 
 66 (c) “THC-infused beverage” means a soft drink, soda, juice, 
 67 tea, or other beverage intended for ingestion which contains 
 68 low-THC cannabis as defined in s. 381.986. 
 69 (2)(a) It is unlawful and punishable as provided in this 
 70 section for any person to do either of the following while 
 71 operating a vehicle in this state or while being a passenger in 
 72 or on a vehicle being operated in this state: 
 73 1. Possess an open container of an alcoholic beverage or a 
 74 THC-infused beverage. 
 75 2. Consume an alcoholic beverage or a THC-infused beverage 
 76 while operating a vehicle in the state or while a passenger in 
 77 or on a vehicle being operated in the state. 
 78 (b) It is unlawful and punishable as provided in this 
 79 section for any person to do either of the fol