Big Changes Ahead for Hemp Beverages: What Florida Manufacturers Need to Know

The hemp industry is about to face a major regulatory shift. A new federal law dramatically changes how THC content in hemp-derived food and beverages will be regulated. If you manufacture or sell hemp-based or CBD drinks in Florida, now is the time to prepare.

What Does the New Federal Law Say?

In November 2025, Congress passed a federal spending bill to end a government shutdown. Hidden in that bill was a provision aimed at closing what lawmakers called a “loophole” in the 2018 Farm Bill. That earlier law legalized hemp products with less than 0.3% delta-9 THC by dry weight, but it left room for products containing other intoxicating cannabinoids like Delta-8 and Delta-10.

The new law sets a strict limit: no more than 0.4 milligrams of total THC per container for any hemp-derived product, including beverages, gummies, and edibles. This isn’t just delta-9 THC—it includes all THC variants and THCA (which converts to THC when heated). The law takes effect November 13, 2026, giving businesses about a year to adapt.

Lawmakers say the goal is to keep intoxicating hemp products out of mainstream retail and protect minors. Industry groups warn the change could wipe out most of the current market.

Florida’s Current Law and Regulations

Florida’s hemp program is governed by Section 581.217, Florida Statutes, and enforced through FDACS rules, including Rule 5K-4.034, Florida Administrative Code. Here’s what is currently in effect:

• Hemp extract intended for human consumption must not exceed 0.3% total delta-9 THC by dry weight.
• FDACS uses a formula for compliance: Total THC = Δ9-THC + (0.877 × THCA).
• Rules require child-resistant packaging, QR codes linking to Certificates of Analysis, and prohibit marketing that appeals to children.
• FDACS began strict enforcement in June 2025, including product seizures and license revocations for violations.

Important: Florida law does not impose a milligram-per-serving cap. Compliance is based on percentage (0.3%) rather than absolute THC content per container.

Proposed Florida Law That Did Not Pass

During the 2025 legislative session, lawmakers introduced Senate Bill 438 (SB 438) and similar House bills that would have significantly tightened hemp regulations. These proposals included:

• Potency Caps: 5 mg THC per serving and 50 mg per package for hemp-derived products.
• Distribution Restrictions: Hemp beverages could only be distributed through licensed alcohol wholesalers and sold at liquor-licensed venues (bars, restaurants, liquor stores).
• Expanded Bans: Prohibition on synthetic cannabinoids like Delta-8, Delta-10, THC-O.
• Testing Requirements: Mandatory testing in certified marijuana labs.

SB 438 passed the Senate unanimously but died in the House on Second Reading on June 16, 2025. These changes were never enacted.

Comparing Federal, Current Florida, and Proposed Florida Rules

The difference is stark: Florida would have allowed products with up to 50 mg THC per package under the proposed (but failed) law, while the federal standard will cap THC at just 0.4 mg per container—a nearly complete ban on intoxicating hemp products.

What Should Florida Manufacturers Do?

If you produce hemp-based or CBD beverages in Florida, here are practical steps to take before the federal law kicks in:

1. Audit Your Product Line. Review THC content in all products. If any container exceeds 0.4 mg total THC, it will be illegal under federal law starting November 2026.

2. Plan for Reformulation. Begin working with chemists and suppliers to reduce THC levels or remove THC entirely. Consider focusing on non-intoxicating cannabinoids like CBD.

3. Update Labels and Marketing. Make sure packaging clearly reflects compliance. Avoid any language that suggests intoxicating effects.

4. Monitor State and Federal Guidance. FDACS enforcement is already strict, and federal agencies may issue additional rules before the law takes effect.

5. Communicate with Retail Partners. Retailers will need assurance that your products meet the new federal standard. Start those conversations early.

Bottom Line

The new federal law is a game-changer. While Florida currently enforces percentage-based THC limits and proposed milligram caps never became law, the federal standard will override everything starting in late 2026. Manufacturers who act now—by reformulating products and adjusting business strategies—will be in the best position to survive and thrive in this new regulatory landscape.

Do you have questions about hemp beverage products in Florida? Contact us to schedule a consultation with a beverage attorney.

Because we’re attorneys: Disclaimer. Posted November 17, 2025.

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