FloridaSB 4322026SenateWALLET

Intoxicating Substances

Sponsored By: Clay Yarborough (Republican)

Signed by Governor

AppropriationCriminal JusticeAppropriations Committee on Criminal and Civil JusticeFiscal PolicyHouse Calendar

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Analyzed Economic Effects

4 provisions identified: 0 benefits, 4 costs, 0 mixed.

Tobacco retailers face nitrous oxide ban

Beginning October 1, 2026, tobacco and nicotine dealers, their agents, and employees cannot possess, sell, deliver, or give nitrous oxide on or from licensed premises. Possession with intent to sell is also banned, and violations are third-degree felonies. Agriculture-department-licensed grocery stores and supermarkets are exempt, but convenience businesses are covered. Finished foods using nitrous oxide only as a propellant are not banned. Florida's Department of Business and Professional Regulation must adopt rules to prevent nitrous oxide intoxication; rules may cover nitrous-containing products and finished foods using it only as a propellant.

More synthetic drugs face legal controls

Beginning July 1, 2026, Florida expands its controlled-drug listings, tightening rules for people handling covered substances. The listings cover broad families of synthetic cannabinoids, cathinones, phenethylamines, N-benzyl phenethylamines, tryptamines, and phenylcyclohexylamines, including covered related chemical forms. They also cover W-15, W-18, AH-7921, U-47700, and MT-45. Exceptions apply to specifically excluded substances, certain substances listed in another schedule, and substances in FDA-approved medicines.

Xylazine trafficking brings prison and fines

Beginning October 1, 2026, knowingly selling, buying, making, delivering, bringing into Florida, or possessing at least 28 grams of xylazine, its salts, or mixtures containing it is first-degree felony trafficking. Mandatory minimums are 3 years in prison and $50,000 for 28 to under 100 grams. They rise to 7 years and $100,000 for 100 to under 200 grams, and 25 years and $500,000 for 200 grams or more. A separate first-degree felony covers selling, making, delivering, or possessing with intent to do those acts involving xylazine, covered analogs, or mixtures with specified product or packaging features. It carries a 3-year mandatory minimum when features include branded-food trade dress, real or fake registered marks or copyrights, candy or listed chewable forms, or cartoon imprints.

Animal xylazine use faces tighter limits

Beginning July 1, 2026, Florida lists xylazine as a Schedule I controlled substance and narrows its animal-drug exception. Only FDA-approved xylazine animal drugs qualify, and use must follow the approved application or federal authorization under 21 U.S.C. §360b(a)(4). The exception does not cover making, importing, distributing, prescribing, or selling xylazine for human use.

Sponsors & Cosponsors

Sponsor

Clay Yarborough
Republican • Senate

Cosponsors

Fiscal Policy
Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 183 • No: 0

House vote • 3/9/2026

House Floor Vote

Yes: 111 • No: 0

Senate vote • 3/4/2026

Senate Floor Vote

Yes: 37 • No: 0

Senate vote • 2/24/2026

Fiscal Policy Vote

Yes: 19 • No: 0

Senate vote • 1/21/2026

Appropriations Committee on Criminal and Civil Justice Vote

Yes: 8 • No: 0

Senate vote • 1/12/2026

Criminal Justice Vote