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?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
Florida straddles the line where cannabis is concerned. Their CBD laws are pretty lax, save for a total ban on smokeable 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.”
Here are some highlights from the text:
(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.
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.
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.
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.
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 Bloom Society, 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.
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.
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.
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