THC Drinks in Florida: Legality, Regulations, and How to Access Them

By David KimLast Updated May 14, 2025

Understanding the Legal Landscape of THC Drinks in Florida

The market for THC-infused beverages has grown rapidly across the United States, with Florida emerging as a particularly active state for consumers seeking alternative ways to enjoy hemp-derived compounds. However, the legal status of these products is more nuanced than it might initially appear. In this article, we provide a detailed, actionable overview of the current laws, practical purchase guidance, regulatory changes, and key considerations for both consumers and businesses in Florida.

What Are THC Drinks?

THC drinks refer to beverages infused with tetrahydrocannabinol, the psychoactive component found in cannabis. These products are typically categorized by the source of THC: hemp-derived (primarily delta-9 THC extracted from hemp) and marijuana-derived. The distinction is crucial for understanding their legal status in Florida.

Current Legal Status of THC Drinks in Florida

As of 2025, hemp-derived THC beverages are generally legal in Florida provided they adhere to specific regulations. Florida law, as updated by the 2019 Hemp Law (Florida Law 2019-132), permits the sale and consumption of hemp-derived products, including THC drinks, as long as they contain no more than 0.3% THC by dry weight [2] . This aligns with the federal guidelines set by the 2018 Farm Bill, which legalized hemp and its derivatives that meet the same THC concentration threshold.

However, products containing marijuana-derived THC are only legal for individuals registered in Florida’s Medical Marijuana Use Registry (MMUR) and purchased through licensed medical marijuana treatment centers (MMTCs). For those without a medical marijuana card, possession or purchase of marijuana-derived THC beverages is illegal and may result in legal penalties [2] .

Key Regulatory Changes and Compliance Requirements

Recent years have seen Florida lawmakers introduce new, stricter regulations to govern the sale and marketing of THC drinks. Notably, in March 2025, new rules will require all THC beverages to be:

Dye-free , to reduce their appeal to children
Packaged in child-safe containers with special lids
Marketed and labeled in ways that do not attract minors, including single-color, non-transparent packaging and prominent THC warnings

These regulations are designed to enhance safety and limit underage access, with significant compliance obligations for manufacturers and retailers [1] . Additional legislative proposals under consideration include a $2.25 per gallon tax on bulk THC beverages and a 29-cent per pint tax on single-serving containers, as well as requirements that only establishments with liquor licenses may sell THC-infused drinks [3] .

Who Can Legally Purchase and Consume THC Drinks?

Florida restricts the sale of hemp-derived THC beverages to individuals aged 21 and over. Retailers are required to verify age at the point of sale, whether in physical stores or online. For marijuana-derived THC beverages, only patients with a valid medical marijuana card qualify for purchase, and these products are exclusively available through licensed MMTCs [2] .

Consumers interested in medical marijuana products must:

Schedule an appointment with a qualified Florida physician registered with the Medical Marijuana Use Registry
Receive a physician’s recommendation for marijuana treatment
Enroll in the state MMUR and obtain a medical marijuana card
Purchase products from a licensed MMTC

Hemp-derived THC drinks are more widely accessible, but buyers should always confirm the source and THC content of products prior to purchase.

Where Can You Find THC Drinks in Florida?

Hemp-derived THC beverages are available in specialized CBD shops, health and wellness stores, and through online retailers that comply with both federal and Florida state laws. As regulations evolve, some retailers may require additional licensing or compliance measures, so it is advisable to:

Check that the retailer requires age verification at purchase
Request a certificate of analysis (COA) to verify THC content and compliance
Ensure packaging and labeling meet state requirements

For marijuana-derived THC beverages, only licensed MMTCs are permitted to sell to qualified patients. To locate a nearby MMTC or confirm your eligibility for a medical marijuana card, visit the Florida Department of Health’s Office of Medical Marijuana Use (OMMU) website and search for “Medical Marijuana Use Registry.”

Practical Steps for Compliance and Safe Consumption

For consumers seeking to enjoy THC drinks legally in Florida, consider the following process:

Determine whether you qualify for medical marijuana. If you don’t, focus on hemp-derived options that comply with THC concentration limits.
Always purchase from reputable retailers who provide lab-tested, compliant products with clear labeling.
Store THC beverages safely, especially around children, to ensure compliance with child-safety packaging laws.
Follow all consumption guidelines and never operate vehicles or machinery while under the influence of THC.

For businesses, maintaining compliance requires ongoing review of both state and federal regulations, updating packaging to meet new standards, and educating staff on age verification and safe sales practices.

Recent and Upcoming Changes: What to Watch For

Florida lawmakers continue to debate and refine hemp product regulations. Potential future changes may include stricter potency limits, additional excise taxes, and further restrictions on marketing and retail channels [3] . Consumers should stay informed by monitoring updates from the Florida Department of Agriculture and Consumer Services or the Office of Medical Marijuana Use.

Industry observers note that, despite periodic legal challenges and proposals for tighter controls, Florida remains a significant market for THC-infused beverages. However, the “gray areas” in law and periodic legal wrangling mean that both buyers and sellers should remain vigilant about regulatory developments [5] .

Potential Challenges and How to Address Them

Consumers and businesses may encounter several challenges, including:

Uncertainty over product legality, especially regarding source material and THC concentration
Changing packaging and labeling requirements, necessitating operational adjustments for compliance
Limited access to marijuana-derived beverages unless qualifying for and enrolling in the medical marijuana program

To navigate these issues, maintain open communication with retailers, request documentation, and consult with state agencies or legal professionals specializing in cannabis law if you have questions about compliance.

Alternative Approaches and Additional Guidance

If you are unable to access THC drinks legally due to age or eligibility restrictions, consider non-intoxicating alternatives such as CBD-infused beverages, which are more broadly available and subject to fewer legal controls. For those seeking the therapeutic benefits of cannabis, speaking with a qualified physician about medical marijuana eligibility may provide a legal pathway.

For the most current information on THC beverage laws and compliance in Florida, regularly check the Florida Department of Agriculture and Consumer Services, the Office of Medical Marijuana Use, and reputable industry news outlets for updates on legislative and regulatory changes.