February 16, 2021 5 min read

The hemp conversation is constantly evolving, and so are the laws, which can make it difficult to keep up when new cannabinoids arrive on the scene. Delta-8 seems to be legal according to federal laws, but is Delta-8-THC legal in Florida? And if so, where can you find it?

Actually—Yes! The state of Florida has clearly defined hemp to include Delta-8-THC. Plus, they’ve removed hemp products from their Controlled Substances lists, making Delta-8 accessible across the state.

Here’s what you need to know before you buy Delta-8 in Florida:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Florida Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Florida?
Delta-8-THC Possession Limits in Florida
Is Delta-9-THC Legal in Florida?
Where to Buy Delta-8 in Florida
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Florida specifies “hemp derived cannabinoids” as an exception to the Controlled Substances list in the state. Therefore, Delta-8 produced according to the state’s hemp guidelines is legal in the state.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Florida, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Florida Delta 8 THC Laws

Florida straddles the line where cannabis is concerned. Their CBD laws are pretty lax, save for a total ban on smokable products. They don’t allow high-THC cannabis for recreational use, but do have a limited medical marijuana program in place.

Fortunately, their position on hemp derived cannabinoids like Delta-8-THC is pretty clear. In Florida, legislation clearly specifies that “hemp-derived cannabinoids” are not controlled substances.

The text further clarifies that “cannabis,” which is listed under the states Controlled Substances statute, “does not include hemp or industrial hemp.” Florida defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.”

By these laws, Delta-8-THC is legal in Florida, Which probably doesn’t come as a huge surprise considering many nearby states (like Georgia and Alabama) have legalized Delta-8, too.

Here are some highlights from the text:

SENATE BILL 1020. 581.217 STATE HEMP PROGRAM

(2) LEGISLATIVE FINDINGS.-The Legislature finds that:

(a) Hemp is an agricultural commodity.

(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

(3) DEFINITIONS.—As used in this section, the term:

(d) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(e) “Hemp extract” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.

Section 2. Subsection (3) of section 893.02, Florida Statutes, is amended to read:

893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473.

Two flowering hemp plants, the primary source of legal Delta-8 products. Is Delta-8 a Controlled Substance in Florida?

Florida makes a specific exception for “hemp” in it’s Controlled Substance statutes. The states legal definition for hemp includes all hemp-derived derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers”

Therefore, Delta-8-THC derived from legal hemp material is not considered a controlled substance in Florida.

Delta 8 THC Possession Limits in Florida

According to the state of Florida, Delta-8-THC currently exists as an “agricultural commodity” derived from legal hemp material. Therefore, there are no possession limits defined for Delta-8 products within Florida law.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Florida?

Cannabis with a Delta-9-THC content above 0.3% is considered “marijuana” by Florida legislature. Marijuana is not legal for recreational use.

In 2016, Florida passed Amendment 2 to make cannabis accessible for medicinal use on a limited basis. Qualifying patients must have a state issued medical marijuana card to access medical products at state licensed dispensaries.

Other cannabis products are a Schedule I Controlled Substance in Florida.

Where to Buy Delta 8 in Florida?

A selection of Delta-8 vaporizers, which are among the most popular Delta-8 products found in legal areas.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. That means you’re in luck if you’re looking to buy Delta-8-THC in Florida.

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Florida?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Florida according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “SB 1020” https://www.flsenate.gov/Session/Bill/2019/1020/BillText/er/PDF
  5. “The 2020 Florida Statutes” http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.03.html#:~:text=(1)%20SCHEDULE%20I.,not%20meet%20accepted%20safety%20standards.
  6. “Florida Medical Marijuana Legalization, Amendment 2 (2016)” https://ballotpedia.org/Florida_Medical_Marijuana_Legalization,_Amendment_2_(2016)

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