THC-infused drinks for sale at a Winn-Dixie store in Jacksonville | Heather Henderson, Jacksonville Today
Published on July 28, 2026 at 4:49 pm
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Q: Drinks containing the high-causing chemical THC are gaining popularity as an alternative to alcoholic beverages. They’re on menus at bars and coffee shops and are even available in cans alongside the other adult beverages at local grocery stores. Jacksonville Today reader Jessie G. has noticed this trend and wonders how it can be legal. Jessie asks us:
“Why can you buy something at Winn-Dixie that gets you high?”
Jessie G.
A: The answer lies in the way the cannabis plant is categorized by the federal government. Florida has a medical marijuana program that allows qualified patients to purchase cannabis products containing high percentages of THC at dispensaries. The products available at Winn-Dixie or your favorite bar typically contain smaller amounts of THC than medical-grade products that you’d find at a dispensary, but they contain the same active ingredient and come from the same plant.
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The Agriculture Improvement Act of 2018, known as the Farm Bill, introduced new regulations allowing farmers nationwide to more easily start producing, transporting and selling hemp and hemp-derived products. The bill legally defines hemp as any part or derivative of the cannabis sativa plant with “a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.” That means the active ingredient that gets you high is found in extremely small amounts in these plants compared to the cannabis plants cultivated specifically for Florida’s medical program.
The bill created something of a loophole that opened the door for products containing THC and other cannabinoids to be sold legally in stores and online, as long as those products are derived from low-THC hemp. Those products come in many formats, from gummy candies to tinctures to sparkling beverages.
But there’s bad news for fans of the grocery store high: Congress voted last year to effectively close the loophole and prohibit the retail sale of any product that contains more than 0.4 milligrams of THC per container. Many of the most common hemp-derived products you can buy over-the-counter contain at least 5 or 10 milligrams.
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Closing the loophole will also prohibit the sale of items containing other naturally occurring or synthesized cannabinoids that can intoxicate you, including delta-8 THC or THCA. It won’t prohibit products containing CBD, which many people use to treat pain or help them relax, but that relaxation doesn’t come with a high.
The ban takes effect Nov. 12.
