Do They Sell Delta 8 in Florida? What You Need To Know (2024)

by Kat Austin February 16, 2021 5 min read

Do They Sell Delta 8 in Florida? What You Need To Know (2024) - Vida Optima™

Ever wondered: do they sell Delta-8 in Florida?

Well, the good news is, yes, they do! In fact, Delta-8-THC is currently legal in the Sunshine State, thanks to clear definitions of hemp that encompass this exciting cannabinoid.

However, that could change with the passing of SB 1698, a bill introduced this year that could effectively ban Delta-8 and even many CBD product in the state. With recreational marijuana legalization on the ballot this year, its hard to say what direction the state will take. 

Nonetheless, here's what we know about Florida Delta-8 laws for now:

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.

Looking for legal Delta-8-THC you can buy online? Check out our Elev8 Collection.

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 Do They Sell 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 currently legal to buy and sell in Florida. 
  • New laws aim to prohibit Delta-8 and possibly even some CBD products.
  • 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. 

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.

For a while, their position on hemp derived cannabinoids like Delta-8-THC has pretty clear. In Florida, current 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 shouldn'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.

Florida's SB 1698 Has Passed House and Senate

As we mentioned, Florida updated state hemp laws in 2019 in order to align with federal law. At this point, hemp and hemp extracts were made legal and hemp-derived extracts like Delta-8 were no longer considered Controlled Substances.

However, SB 1698, a bill that has already passed Florida's House and Senate, would reverse the 2019 laws. 

More specifically, if Gov. Ron DeSantis signs SB 1698 into law, the state's definition of “hemp” would be revised to specify that it does not include synthetically or naturally occurring versions of certain cannabinoids, including delta-8 THC. Therefore, SB 1698 would make Delta-8-THC illegal in Florida. 

Is Delta-8 a Controlled Substance in Florida?

Currently, 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 Do They Sell 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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