Drug Policy Watch · State Brief 2026

Florida

Snapshot (structured)

Adult-use cannabis: Illegal. 2024 Amendment 3 got 56 percent (60 percent needed) and failed; the renewed 2026 effort was blocked off the ballot by the courts in March 2026.
Medical cannabis: Legal since 2016 (Amendment 2); vertically integrated, capped-license market run by the OMMU.
Home grow: Not allowed, for medical patients or anyone else.
Intoxicating hemp / hemp THC: Currently sold widely and loosely regulated at the state level; multiple 2025 and 2026 bills to restrict it have all failed. Federal "total THC" redefinition takes effect November 12, 2026.
Psychedelics: Illegal; no decriminalization and no therapeutic-access program. Recent state proposals have moved toward restriction (spore bans).
Broad decriminalization: No statewide decriminalization; 20 grams or less is a misdemeanor (some cities/counties use civil citations).
Harm reduction: Limited. County-authorized syringe services under the 2019 IDEA law (no state/local funds allowed); naloxone and fentanyl test strips legal.
Governor (party): Ron DeSantis (Republican).
Legislature control: Republican veto-proof supermajority in both chambers.
Citizen ballot initiatives allowed: Yes, for constitutional amendments; 60 percent supermajority required to pass, and signature/process rules were tightened in 2025.
Enclosure pressure score: 5/5

Cannabis

Adult-use status: Illegal. A 2024 constitutional amendment (Amendment 3, Smart and Safe Florida) won about 56 percent of the vote but failed because Florida requires 60 percent for constitutional amendments (Florida Phoenix; MPP Florida). The renewed 2026 effort is covered under Ballot initiatives below; it did not make the 2026 ballot.

Medical status: Legal. Voters approved medical cannabis in 2016 (Amendment 2). The program is administered by the Office of Medical Marijuana Use (OMMU) within the Florida Department of Health. Patients need a qualifying condition and a certification from a qualified physician, and must register in the Medical Marijuana Use Registry (Florida Healthcare Law Firm guide). Florida is a large medical market: OMMU data show roughly 10 billion milligrams of THC sold in calendar 2026 through mid-June (The Marijuana Herald).

Home grow: Not permitted. Florida does not allow home cultivation for medical patients or recreationally; all legal product must be purchased from licensed Medical Marijuana Treatment Centers (MMTCs) (NORML Florida; IndicaOnline).

Market structure: Florida uses a vertically integrated MMTC model: each license covers cultivation, processing, and dispensing under one operator, and the number of licenses is capped. The Florida Supreme Court upheld both vertical integration and the licensee caps as constitutional (National Law Review). As of early-to-mid 2026 there were roughly 22 to 25 licensed MMTC operators running 750-plus dispensary locations statewide, with Trulieve alone reported to operate on the order of 167 locations and around a third of sales (IndicaOnline; ACS Laboratory). Multistate operators (MSOs) such as Trulieve, Curaleaf, and others are heavily present. Medical cannabis is exempt from Florida sales tax as it is treated like a prescription medicine (MaryJMD). Note: exact operator and dispensary counts vary by source and date; treat the specific numbers as approximate.

Key 2026 actions: No major medical-cannabis statute changed in the 2026 regular session. Minor compare bills touching cannabis (for example open-container-in-vehicle measures, H 1003 and S 1056) died at the close of session on March 13, 2026 (FL Senate HB 1409). The dominant 2026 cannabis story was the failure of the adult-use ballot push (see Ballot initiatives).

Hemp

Intoxicating hemp / hemp-derived THC: Florida currently has a large, loosely regulated intoxicating hemp market (delta-8, delta-10, THCA flower, hemp delta-9 edibles and beverages). Florida lawmakers have tried repeatedly to restrict it and have failed each time. In 2024 Governor DeSantis vetoed a hemp-restriction bill, asking the Legislature to revisit quality control, retail siting, labeling, and packaging (CBS Miami). In 2025, SB 438 (which would have banned delta-8 and other synthetic/converted cannabinoids and capped hemp delta-9 servings) passed the Senate but the Legislature did not send a final hemp bill to the Governor before adjourning (Florida Phoenix, Apr 9 2025; Florida Phoenix, May 7 2025).

In the 2026 session, the major hemp bills again died. HB 801 (THC-infused beverage licensing through the Division of Alcoholic Beverages and Tobacco, by Rep. Brackett) died in the House Industries and Professional Activities Subcommittee on March 13, 2026; its Senate similar bill S 1678 (Truenow) died in Regulated Industries (FL Senate HB 801). HB 1409 (broad "THC" hemp-extract regulation, by Rep. Berfield) likewise died in subcommittee, and its identical Senate companion S 1368 (Rouson) died in Regulated Industries (FL Senate HB 1409). Note: at least one secondary source erroneously reported that HB 801 "became law"; the official Florida Legislature record shows it died and was never enacted. As of mid-2026, Florida has not enacted comprehensive intoxicating-hemp restrictions at the state level.

Federal exposure and the November 12, 2026 deadline: On November 12, 2025, the federal Continuing Appropriations and Extensions Act of 2026 (H.R. 5371) redefined "hemp" from a delta-9-only standard to a "total THC" standard of no more than 0.3 percent total THC on a dry-weight basis. The new definition becomes effective November 12, 2026 (a one-year enforcement runway). After that date, most currently sold intoxicating hemp products (industry estimates run as high as around 95 percent of the consumable hemp-cannabinoid market) would be reclassified as marijuana under the federal Controlled Substances Act unless Congress intervenes (Vicente LLP; Buchanan Ingersoll and Rooney; Congress.gov CRS). This federal change is the single biggest near-term shock to Florida's hemp sector, and because the 2026 state session ended without a state framework, Florida enters the deadline window relying on the federal cutoff rather than a tailored state regime.

Psychedelics

Florida has not decriminalized any psychedelic and has no state-authorized therapeutic-access program for psilocybin, MDMA, or ibogaine. Psilocybin and similar substances remain illegal. Recent legislative direction has been restrictive rather than expansive; reporting indicates Florida proposals have sought to ban psilocybin mushroom spores and mycelia rather than open therapeutic access (Psilocybin Treatment Florida, 2026). No psychedelic therapeutic-access or decriminalization bill is known to have advanced in the 2026 session; specific 2026 psychedelic bill numbers are unconfirmed, and readers should check the live trackers linked below.

Broader drug policy

Decriminalization: There is no statewide cannabis or drug decriminalization. Possession of 20 grams or less of cannabis is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine); more than 20 grams up to 25 pounds is a felony (NORML Florida). Several local governments (for example Broward, Tampa/Hillsborough, Orlando/Orange, and Palm Beach County) have adopted civil-citation options for small amounts, but state law still allows arrest and prosecution (Wiseman Trial Law).

Harm reduction: Syringe services are authorized only where a county commission opts in, under the 2019 Infectious Disease Elimination Act (IDEA), signed by Governor DeSantis. Programs must run one-for-one exchange, provide education, testing/referrals, and naloxone, and crucially cannot use state, county, or municipal funds; they must rely on private grants and donations (Florida Department of Health IDEA). Naloxone is broadly available. Fentanyl test strips were decriminalized in 2023 (reported as part of a package including SB 164), removing them from drug-paraphernalia status (Addiction Center). Drug-checking services beyond test strips remain limited.

Sentencing and expungement: Florida has no automatic cannabis-record expungement. Sealing and expungement are petition-based and limited, generally to non-conviction outcomes or a single eligible record, and many drug convictions are excluded. First-time nonviolent offenders may use Pretrial Intervention (PTI) diversion that can end in dismissal (Derrick George Attorneys; Erase The Case).

Overdose and treatment policy: Florida operates Good Samaritan overdose protections and naloxone-access measures and funds treatment through state and opioid-settlement channels; specific 2026 appropriations figures are unconfirmed here and should be checked against the enacted state budget.

Political landscape

Governor: Ron DeSantis (R). He has historically opposed recreational legalization, vetoed a hemp-restriction bill in 2024, and his administration (notably the Secretary of State and Attorney General) led the actions that kept the 2026 adult-use amendment off the ballot (NORML, Mar 2026).

Party control: Republicans hold a veto-proof supermajority in both chambers entering 2026, reported at roughly 28-12 in the Senate and 85-35 in the House (Ballotpedia 2026 session). Senate President is Ben Albritton (R), serving the 2024-2026 term; House Speaker is Daniel Perez (R), a Miami Republican (Ben Albritton, Wikipedia; Daniel Perez, Florida House). Note: Speaker Perez was reported to be nominated by President Trump as ambassador to Brazil, which could affect his House role; status unconfirmed here (FL Voice News).

Key committees for drug policy: In the Senate, Regulated Industries (where the hemp/THC bills died) and the relevant health and criminal-justice committees; in the House, the Industries and Professional Activities Subcommittee, Commerce Committee, and Budget Committee handled the 2026 hemp bills (FL Senate HB 1409 history).

Reform champions and opponents: The primary pro-legalization force is the political committee Smart and Safe Florida, largely funded by Trulieve, which has run the adult-use amendment campaigns (Florida Phoenix). The leading opponents are Governor DeSantis and his administration officials (Secretary of State Cord Byrd and the Attorney General were central to the signature challenge) (Cannabis Business Times). Named individual legislative reform champions inside the 2026 Legislature are unconfirmed; the hemp bills were largely regulatory crackdown efforts rather than legalization measures.

Ballot initiatives

Florida allows citizen-initiated constitutional amendments, but passage requires a 60 percent supermajority, and the petition/signature process was tightened by 2025 legislation, raising the bar for campaigns (MPP Florida; Florida Phoenix).

Renewed adult-use effort (2026): Smart and Safe Florida refiled an adult-use amendment for the November 2026 ballot, cleared the Supreme Court's language review, and reported collecting about 1.4 million signatures. However, the Secretary of State directed county supervisors to invalidate tens of thousands of signatures (signatures gathered by non-citizens or non-residents, and signatures from "inactive" voters), leaving only 783,592 counted as valid, below the roughly 880,062 required. After a 1st District Court of Appeal panel sided with the state, the Florida Supreme Court on March 9, 2026 declined to rehear the case, ending the 2026 push. The adult-use amendment will not appear on the 2026 ballot (Cannabis Business Times; Marijuana Moment; Ballotpedia). Advocates have signaled they may target a future cycle (2028); that next-cycle plan is reported but its formal status is unconfirmed.

Equity and expungement

Florida's medical-cannabis statute contains no meaningful social-equity licensing tier; the program's residency and legacy-nursery requirements (such as long Florida residency for principals and a history as a registered Florida nursery) effectively favor established, well-capitalized incumbents and lock out new and small or minority-owned entrants (ACS Laboratory). A dedicated "Pigford/Black Farmer" MMTC license was authorized in earlier law to address past discrimination, but the broader market remains incumbent-dominated; the current status and number of any such equity license is unconfirmed here. There is no automatic cannabis expungement; relief is petition-based, narrow, and excludes many convictions (Erase The Case). Net effect: equity provisions are minimal and the people most affected by prior prohibition enforcement are largely excluded from both the market and easy record relief.

Market and barriers

Hard numbers (treat as approximate; verify against OMMU and statute): - Cannabis taxes: Medical cannabis is sales-tax exempt (treated as prescription medicine), so there is no special excise tax; patients avoid the 6 percent state sales tax plus local surtaxes (MaryJMD). There is no adult-use market and therefore no adult-use excise tax. - MMTC application fee: reported at about $146,000 (non-refundable) (ACS Laboratory). - Performance bond: $5 million, required within 10 days of licensure (ACS Laboratory). - Biennial renewal fee: reported at roughly $1.33 million (ACS Laboratory). - Residency/legacy requirements: long Florida residency for principals and historical Florida nursery operation requirements have applied to MMTC eligibility (ACS Laboratory). - License caps: the number of MMTC licenses is statutorily capped; the most recent expansion round added 22 licenses (Greenspoon Marder). - Approximate licensees and footprint: roughly 22 to 25 active MMTC operators running 750-plus dispensary locations statewide, with Trulieve the dominant operator (IndicaOnline).

The combination of capped vertically integrated licenses, multimillion-dollar bonds and fees, and legacy residency/nursery requirements creates very high capital and entry barriers. By contrast, the intoxicating hemp sector has been low-barrier and decentralized, which is exactly why it has thrived in Florida and why it now faces the federal November 12, 2026 cutoff.

Enclosure read

Florida is one of the most heavily enclosed cannabis markets in the country. The legal cannabis supply is locked into a small number of capped, vertically integrated MMTC licenses dominated by a few MSOs (Trulieve above all), home grow is banned, and the entry requirements (a $5 million bond, six-figure application fee, seven-figure renewal, and legacy residency/nursery rules) fence out small operators, new entrants, and equity applicants. The one decentralized, low-barrier corner, intoxicating hemp, is now squeezed from two directions: repeated state attempts to ban or restrict it (all failed so far) and the federal "total THC" redefinition effective November 12, 2026, which threatens to wipe out most of that market and push demand back toward the licensed incumbents. On top of this, the citizen route to break the system open (an adult-use constitutional amendment) was defeated at the ballot in 2024 and then kept off the 2026 ballot by state administrative and court action, with the petition process tightened in the meantime. Voters and small operators are being fenced out; incumbent license holders and the state's enforcement apparatus are consolidating control. This justifies an enclosure pressure score of 5/5: heavily consolidated and fenced, with the main relief valves (home grow, hemp, ballot initiative) closed, closing, or blocked.

What to watch next

November 12, 2026: federal "total THC" hemp redefinition takes effect; absent congressional action, most intoxicating hemp products become federally unlawful, directly hitting Florida's large hemp/THC-beverage retail sector (Vicente LLP).
Next regular session: Florida's 2027 regular session (the 60-day window typically begins in early in the year; confirm the official date on the Legislature site) is the next chance for state hemp regulation and any cannabis changes; expect hemp bills to return.
Adult-use ballot: watch whether Smart and Safe Florida formally relaunches for the 2028 cycle and how the tightened signature rules affect it (Ballotpedia).
Any OMMU rulemaking or new MMTC license rounds that could shift the licensee count.

Regulators

Office of Medical Marijuana Use (OMMU), within the Florida Department of Health: licenses and regulates MMTCs and the patient/physician registry (Florida Health).
Florida Department of Agriculture and Consumer Services (FDACS): regulates the state hemp program and hemp-extract food products.
Florida Division of Alcoholic Beverages and Tobacco (DABT), within the Department of Business and Professional Regulation: the agency that 2026 bills (HB 801) proposed to put in charge of THC-beverage retail licensing (those bills died).
Florida Department of Health, county health departments: oversee IDEA syringe services authorized at the county level.
Florida Department of State, Division of Elections: administers the ballot-initiative signature and certification process central to the cannabis amendment fight.

Federal exposure (2026)

This section maps each 2026 federal lever onto Florida specifically. The throughline: the federal posture in 2026 is medicalize-and-control, and almost every lever rewards Florida's large licensed medical incumbents while squeezing the state's one open, low-barrier lane (intoxicating hemp) and offering little to patients, small operators, or harm-reduction services.

Rescheduling and 280E (this lands squarely on Florida's incumbents). Cannabis stays Schedule I by default. The DOJ/DEA order signed April 22, 2026 and effective April 28, 2026 (91 FR 22714) moved only FDA-approved cannabis drugs and state-licensed MEDICAL cannabis to Schedule III; recreational cannabis stays Schedule I (Foley Hoag; Federal Register, Apr 28 2026). The single most consequential effect is the end of IRS Section 280E for that state-licensed medical category, which restores normal business deductions (Manatt). Because Florida is a MEDICAL-ONLY, vertically integrated, MSO-dominated market with no adult-use tier, this 280E relief flows directly and almost entirely to the large incumbents, Trulieve, Curaleaf, and the other capped MMTC operators. There is no Florida adult-use sector to be left behind by the recreational exclusion, so unlike mixed-market states, essentially the entire Florida licensed industry qualifies for the tax relief, sharpening the incumbents' cost advantage. Schedule III does not legalize cannabis, does not allow interstate commerce, and does not cover state recreational businesses, so it changes the tax math for incumbents without opening the market to anyone new. The DEA also opened a federal medical-dispensary registration process (applications by June 29, 2026 for expedited review), another compliance step that favors well-capitalized operators (Manatt). The broader DEA rescheduling hearing opened June 29, 2026 and may slip to 2027; even full rescheduling would not, by itself, legalize Florida adult use.

The November 12, 2026 hemp cliff (Florida is among the MOST exposed states). The FY2026 agriculture appropriations rider (Sec. 781, Rep. Andy Harris, R-MD) narrowed the federal hemp definition to a total-THC standard of roughly 0.4 mg THC per container, recriminalizing an estimated 90 to 95 percent of intoxicating hemp products effective November 12, 2026 (Congress.gov CRS; Regulatory Oversight). The delay bill H.R. 7010 was not enacted, and the 2026 Farm Bill (H.R. 7567) keeps the ban. Florida is one of the largest intoxicating-hemp markets in the country (commonly ranked among the top states, behind Texas) and, critically, the 2025 and 2026 state restriction bills all failed, so Florida has no tailored state framework to manage the transition (WUSF; Haze Connect, Nov 12 2026 deadline by state). Practical effect: on November 12, 2026, the delta-8, delta-10, THCA flower, and hemp delta-9 edibles and beverages now sold across Florida gas stations, smoke shops, and beverage retailers become federally marijuana, exposing those products and sellers to federal enforcement and cutting off the low-barrier lane that thousands of small Florida retailers and brands have relied on. Demand is likely to be pushed toward the licensed MMTC channel, which is exactly the incumbent-favoring direction. Florida's high exposure is a direct consequence of the failed state bills: with no state regime softening or carving out the federal cutoff, Florida defaults entirely to the federal line.

Banking (stalled SAFER Banking). SAFER Banking has stalled in Congress, so Florida cannabis and hemp operators continue to face limited access to mainstream banking, payment processing, and lending. Large MSOs can absorb cash-handling costs and find workarounds more easily than small operators, so the banking gap, like the rest of the federal picture, weighs hardest on smaller and informal actors.

Psychedelics (federal route only; Florida has no program). Psilocybin, MDMA, and ibogaine remain Schedule I. The April 18, 2026 executive order, Accelerating Medical Treatments for Serious Mental Illness [https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness/] plus FDA priority vouchers fast-track FDA review, but there is no approval yet, and conditional rescheduling triggers only on FDA approval. Florida has no state therapeutic-access program and has trended toward restriction (spore bans), so any near-term access in Florida would come only through the federal FDA pathway, not through state action.

Harm reduction (Florida is limited; direct exposure to the SAMHSA cuts). Florida harm reduction is already constrained: syringe services exist only where a county opts in under the 2019 IDEA law and cannot use state, county, or municipal funds, forcing reliance on private grants and federal dollars. The April 24, 2026 SAMHSA guidance bars federal funds for fentanyl test strips, clean syringes, and sterile water (naloxone is still supported). Because Florida programs are barred from public funds and lean on outside money, the loss of federal support for these supplies is a direct hit to the few harm-reduction services operating in the state, while naloxone distribution can continue. The HALT Fentanyl Act (July 17, 2025) permanently placed fentanyl-related substances in Schedule I, reinforcing an enforcement-first federal posture that aligns with Florida's existing approach.

Bills that exist but are not advancing: the MORE Act and the States Reform Act remain introduced but are not moving in the Republican Congress, so no comprehensive federal legalization or deschedule is on the near-term horizon for Florida.

Patient access and rights

This section covers what Florida law does and does not protect for a medical cannabis patient: use inside a hospital, and the broader rights that follow a patient into work, housing, parenting, an organ transplant list, and school. It is information, not legal advice, and it reflects the law as of July 2026.

Hospital access (Ryan's Law): Florida has no hospital-access law. No statute requires a hospital, nursing home, or hospice to let a qualifying patient use medical cannabis on site, so whether a facility allows it is left to that facility's own policy, and many refuse. Seven states have now enacted a Ryan's Law protection (California in 2021, and Colorado, Delaware, Louisiana, Oregon, Virginia, and Washington in 2026), and Pennsylvania has a bill pending; Florida is not among them. The absence is the finding: a Florida patient has no enforceable right to use their medicine in a hospital today.

Broader protections: Florida runs a medical cannabis program through a state registry, and adult-use remains illegal after the 2024 Amendment 3 won about 56 percent but fell short of the 60 percent Florida requires for a constitutional amendment. A review of the medical law (Fla. Stat. 381.986 and the constitutional provision, art. X sec. 29) found none of the six patient protections: the statute declines an employment accommodation and the constitution states it does not require an accommodation for on-site use, with nothing for housing, parenting, an organ transplant list, school enrollment, or general medical care. The absence is the finding.

Out-of-state patients: Florida recognizes its own registry cards only; it does not offer medical reciprocity to visitors.

The federal picture: the April 2026 federal move of state-licensed medical cannabis to Schedule III did not change any of this. Schedule III does not make dispensary cannabis a lawful prescription medicine and does not create any hospital-use right; only state law can force hospital access, and Florida has not enacted a Ryan's Law. The absence of the broader protections above is a feature of Florida law, not something federal rescheduling addresses.

Sources: Florida medical cannabis law, Fla. Stat. 381.986; constitutional provision, Fla. Const. art. X, sec. 29.

Analysis: the enclosure read in depth

Florida is a textbook enclosed market, and the 2026 federal moves tighten the enclosure rather than loosen it. Start with who is fenced out at the state level. Adult-use cannabis is illegal; the citizen route to change that, the Smart and Safe Florida constitutional amendment, lost at the 2024 ballot despite a 56 percent majority (60 percent is required) and was then kept off the 2026 ballot through the DeSantis administration's signature invalidations and a favorable court outcome, with the petition process tightened in between. Home grow is banned for everyone, including registered medical patients, so there is no personal-cultivation safety valve and no informal supply that is even arguably legal. The legal medical supply is locked behind capped, vertically integrated MMTC licenses carrying a $5 million bond, a six-figure application fee, a seven-figure biennial renewal, and legacy Florida-residency and nursery-operation requirements. Those barriers are not incidental; they are structural fences that exclude small operators, new entrants, and minority- and equity-focused applicants, and the statute carries no meaningful social-equity tier. The people most exposed to prior prohibition enforcement are largely shut out of both the market and easy record relief, since expungement is petition-based and narrow.

Who consolidates is the mirror image. A handful of MSOs, Trulieve above all (reported around a third of sales and roughly 167 locations), with Curaleaf and others, hold the capped licenses and dominate the legal supply. The 2026 federal rescheduling order is, in Florida's specific configuration, a gift to exactly these incumbents. Because Florida is medical-only with no adult-use tier, the Schedule III move that ends 280E for state-licensed MEDICAL cannabis applies to essentially the entire Florida licensed industry, restoring normal tax deductions and improving margins for the same companies that already control the market. There is no Florida recreational sector to be excluded and disadvantaged, so the recreational-stays-Schedule-I limitation costs Florida incumbents nothing while the medical relief benefits them fully. The federal medical-dispensary registration step and the continued banking gap (stalled SAFER Banking) further reward scale and capital. In other words, the state structure already concentrated the market, and the federal tax change pours resources into the concentrated tier.

The state-plus-federal interaction is sharpest on hemp. Intoxicating hemp has been Florida's one open, decentralized, low-barrier lane, which is precisely why it flourished here and why the Legislature kept trying (and failing in 2025 and 2026) to rein it in. The November 12, 2026 federal total-THC redefinition does what the state bills could not: it recriminalizes an estimated 90 to 95 percent of intoxicating hemp products nationwide, and because Florida is one of the largest such markets with no state framework to cushion the change, Florida is among the most exposed states. The practical result is that the federal cliff closes the last open lane and channels demand back toward the licensed MMTC incumbents, completing the enclosure from a second direction. So the two federal levers point the same way: Schedule III rewards the MSOs, and the hemp cliff threatens the one lane that competed with them.

What to watch: whether Congress passes any hemp delay or carve-out before November 12, 2026 (none enacted as of mid-2026); whether the 2027 Florida session finally passes a state hemp framework, and whether it protects small retailers or simply hands the space to MMTCs; whether Smart and Safe Florida relaunches for 2028 under the tightened signature rules; the pace of the broader DEA rescheduling hearing (opened June 29, 2026, possibly slipping to 2027); and any OMMU rulemaking or new license rounds. Commons counter-moves are nearly absent: there is no home grow, no decriminalization, no social-equity licensing of consequence, and the ballot initiative, the one bottom-up lever, has been defeated and then administratively blocked. With the legal market consolidated among a few MSOs, the federal tax relief flowing to those same incumbents, the hemp lane facing a federal kill switch, home grow banned, and the citizen amendment route closed off, every major relief valve is closed, closing, or blocked. That combination of state concentration and federal reinforcement justifies the maximum enclosure pressure score of 5/5.

Active legislation (2026)

The 2026 regular session convened January 13, 2026 and adjourned sine die March 13, 2026. As a result, the bills below are not "active"; they died at sine die unless noted. The most significant drug-policy bills of the session were the hemp/THC measures, all of which died in committee. This list is not exhaustive; use the trackers linked beneath it for the long tail.

Bill	Title/Topic	Chamber	Status	Sponsor(s)
HB 801	Sale of THC-infused Beverages (alcohol-style licensing via DABT)	House	Died in Industries and Professional Activities Subcommittee, 3/13/2026	Rep. Brackett
S 1678	THC-infused Beverages (similar to HB 801)	Senate	Died in Regulated Industries, 3/13/2026	Sen. Truenow
HB 1409	"THC" / hemp extract regulation (testing, retail siting, sales restrictions, 21+ for THC beverages)	House	Died in Industries and Professional Activities Subcommittee, 3/13/2026	Rep. Berfield
S 1368	"THC" (identical to HB 1409)	Senate	Died in Regulated Industries, 3/13/2026	Sen. Rouson
H 1003	Open Cannabis Containers in Motor Vehicles	House	Died in Health Professions and Programs Subcommittee, 3/13/2026	Criminal Justice Subcommittee
S 1056	Open Containers of Marijuana Products in Motor Vehicles	Senate	Died in Transportation, 3/13/2026	Sen. Martin

Live trackers for the full picture: LegiScan Florida, the Florida Senate bill search, and Marijuana Moment's Florida coverage. Psychedelic-specific 2026 bill numbers are unconfirmed and should be checked via these trackers.

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A planning snapshot for 2026, not legal advice. Policy moves quickly; confirm any single detail against the cited sources before acting on it. Sponsor names are given where confirmable and marked unconfirmed otherwise.

About the author. Jessica Mantonya is the founder of Drug Policy Watch and Hold in Common. She also advises operators, advocates, and funders on regulatory strategy and anti-enclosure positioning. Work with her →