Florida lawmakers are taking a closer look at THC infused beverages. House Bill 801, filed for the 2026 legislative session, proposes a new regulatory structure for how these products are licensed, sold, and enforced across the state. 

If you have seen headlines about Florida cracking down on THC drinks or are trying to understand whether these products will remain legal, this guide breaks down what HB 801 actually does, who it affects, and what happens next. 

What Is Florida House Bill 801? 

Florida House Bill 801 is proposing legislation that would create a formal licensing system for the retail sale of THC infused beverages. The bill was filed on December 17, 2025, and is scheduled for consideration during the 2026 Florida legislative session. 

At a high level, HB 801 would give the Florida Division of Alcoholic Beverages and Tobacco the authority to regulate THC infused drinks in a way that closely mirrors how alcohol is handled today. The goal is to bring structure and enforcement to a product category that has largely operated in a gray area. 

If passed, the bill would take effect on July 1, 2026. 

How HB 801 Defines THC Infused Beverages 

Under the bill, a THC infused beverage is defined as any drink intended for human consumption that contains hemp derived delta 9 THC or any other intoxicating cannabinoid, regardless of whether the beverage is alcoholic or non-alcoholic. 

This definition is intentionally broad. It captures seltzers, sodas, mocktails, cocktails, and any other drink that contains intoxicating cannabinoids derived from hemp. 

Licensing Requirements Under HB 801 

One of the most important changes in HB 801 is the creation of a licensing requirement for businesses that want to sell THC infused beverages. 

The bill allows two paths for legal sales: 

• A quota license under existing Florida beverage law 

• A new special license created specifically for THC infused beverages 

Only businesses holding one of these licenses would be legally permitted to sell THC infused drinks in Florida. This applies to selling, offering for sale, possessing for sale, or distributing these products at retail. 

For businesses that are currently selling THC beverages without an alcohol-related license, this would represent a major shift. 

Penalties for Selling THC Drinks Without a License 

HB 801 treats unlicensed THC beverage sales the same way Florida treats unlicensed alcohol sales. 

If a business sells or distributes THC infused beverages without the required license, it would be considered unlicensed activity under Florida beverage law. Enforcement would fall under existing statutes related to alcohol regulation, which can include fines and other penalties. 

This is one of the clearest signals in the bill that Florida intends to move THC beverages out of the gray market and into a regulated framework. 

Why Florida Is Considering This Bill 

The popularity of THC infused beverages has grown rapidly, especially products marketed as hemp derived and federally legal. At the same time, regulators have raised concerns about inconsistent enforcement, consumer safety, and products being sold in venues not traditionally regulated for intoxicants. 

HB 801 appears to be Florida’s attempt to balance access with oversight by placing THC beverages under a familiar regulatory system rather than banning them outright. 

For businesses, this means clarity, but also responsibility. For consumers, it likely means fewer surprise changes and more consistent standards across the state. 

What Happens Next for HB 801 

As of now, House Bill 801 has been filed but not passed. The bill will need to move through committee hearings, potential amendments, and votes during the 2026 legislative session. 

Until then, the language of the bill could change. Businesses and consumers interested in THC infused beverages should monitor its progress closely, especially as July 1, 2026 approaches. 

Final Takeaway 

Florida HB 801 does not ban THC infused beverages. Instead, it proposes a licensing and enforcement structure that treats these products more like alcohol than supplements or novelty items. 

If passed, the bill would reshape how THC beverages are sold in Florida, who can sell them, and what compliance looks like going forward. Whether you are a retailer, restaurant owner, or consumer, this is a piece of legislation worth paying attention to.