THC-infused beverages, such as those from brands like Brez and High Rise, have surged in popularity as convenient, discreet alternatives to traditional cannabis consumption. These are hemp-derived products, and they contain delta-9 THC (short for tetrahydrocannabinol) or similar compounds in low concentrations, take advantage of the 2018 federal Farm Bill’s legalization of hemp (defined as cannabis with less than 0.3% THC by dry weight). As a result, there has been a growth of THC and CBD-infused products like drops, creams, gummies and more, and the hemp-derived drinks have hit stores as well. It is marketed as an adult beverage alternative to alcohol. These drinks will give you a comfortable buzz. Hemp and marijuana are both cannabis plants. But there is less THC in hemp than marijuana, but it is the same THC. This is different than CBD (or cannabidiol), which is also found in cannabis plants. But unlike THC, CBD does not have any psychoactive effects and therefore cannot get you “high.
Currently, THC infused beverages (using hemp derived THC) are legally sold to adults in Florida (provided they contain .3% or less D9 THC by dry weight). However, the regulatory environment is shifting rapidly. A federal provision is set to take effect in November 2026, and it aims to close the “hemp loophole” for intoxicating products, potentially banning or heavily restricting many THC drinks nationwide. The hemp legal loophole allowed THC levels in beverages to be as high as 10 mgs per beverage because of a complicated calculation of the dry weight percent versus fluid ounces. Read more about this – THC Drinks being legal?
Is there a difference between hemp and marijuana derived D9 THC? No, the only difference is the source of the THC. Hemp has a lower THC concentration (.3% and under), but the D9 THC is still the same. The THC potency and effect will be the same.
Under federal law, cannabis remains a Schedule I substance under the Controlled Substances Act, creating ongoing tension with state laws. In Florida, marijuana is legal if you have a prescription for medical marijuana. While rescheduling efforts and executive actions signal potential changes, they have not yet altered core employment rules, particularly for safety-sensitive roles regulated by the Department of Transportation (DOT). Employers in federally regulated industries or with government contracts must maintain strict drug-free policies. Under Florida law, employers with drug free workplaces are not required to allow medical marijuana in the workplace, and drug free workplace policies can still prevent the use, possession and impairment of marijuana at work. Since hemp-derived THC beverages contain THC (the ingredient that causes a “high” feeling or buzz even at a low dose), these drinks can also still be prohibited.
Do Employers Need to Allow THC Beverages at Work?
No. Florida law does not require employers to permit THC consumption, possession, or impairment on the job. Employers retain the right to enforce policies prohibiting use during work hours, on company property, or while performing job duties, much like alcohol. Other states (like CA and NY) protect off-duty lawful use and often limit adverse actions based solely on positive drug tests for non-psychoactive metabolites (indicating past use). These protections would not extend to impairment at work, safety violations, or using these products while on-the-clock.
For HR professionals, this means reviewing workplace policies and updating language in the drug free workplace policy to protect legitimate business needs and employee safety. Safety-sensitive positions, manufacturing, driving, construction and healthcare roles should require strict rules, including reasonable suspicion testing and prohibitions on use, possession and impairment on the job. Traditional urine tests detecting lingering metabolites still support discipline, up to and including termination, in Florida. In other more lenient states (like CA and NY), employers must focus on impairment-focused testing methods, like oral fluid testing – which is better to determine recent use and impairment.
Create Compliant and Effective HR Policies
Our HR consulting firm recommends reviewing and updating your Florida drug-free workplace policy to consider THC beverages and other “legal” products. Training managers to recognize the products and packaging, as well as possible impairment. Multi-state employers face greater complexity and should consider a baseline federally compliant policy, and then have state-specific addendum. While THC-infused beverages represent a cultural shift, it is still a product that produces a buzz. Florida law does not compel employers to accommodate workplace use. Proactive policy development, clear communication, and ongoing legal monitoring of developments help to mitigate risks, foster safe environments, and avoid costly disputes. Contact our team for more guidance on cannabis-related policies
