Is CBD Legal in Florida?

by Kat Austin December 04, 2020 6 min read

Is CBD Legal in Florida? - VO Inc

CBD's legality can be confusing across the U.S., but in Florida, it is generally clear. So, is CBD legal in Florida?

Yes, CBD is legal, and residents can find a variety of products, including CBD gummies in Florida, CBD oil in Florida, and hemp flower legal in Florida. While medical cannabis is accessible, it's essential to ensure that the CBD products you choose comply with local regulations. For purchasing, you can easily find where to buy CBD in Florida at licensed retailers.

Always check that your chosen products, including CBD oil in Florida and Florida hemp flower laws, align with state guidelines to ensure safety and legality.

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Florida?
Is full spectrum CBD legal in Florida?
Does Florida have a CBD possession limit?
Do you need a prescription for CBD oil in Florida?
Where to buy CBD in Florida?
Do you have to be 21 to buy CBD in Florida?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • Florida legalized CBD for medical use in 2014, expanding access to CBD gummies, CBD oil, and hemp flower for individuals without qualifying conditions in recent updates.
  • The state enforces stricter regulations than many others, meaning that not all CBD products meeting federal standards will comply with Florida CBD laws.
  • There are no minimum age requirements for buying CBD in Florida, but access may be limited for consumers under 21.

Legal Concerns About CBD

A U.S. map zoomed in on Florida

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

A CBD oil tincture designed to be taken orally, which is legal in Florida.

What are the CBD laws in Florida?

In 2014, Florida legalized CBD oil for medical patients through SB 1030, followed by SB 1020 in 2019, which legalized industrial hemp and clarified that hemp-derived CBD is legal if it contains less than 0.3% THC; however, Florida's regulations impose strict labeling, THC limits, and vendor licensing requirements, making state laws more stringent than federal guidelines.

Here are more details:

Florida approved SB 1030 in 2014, legalizing certain CBD oil products for qualifying medical patients. It wasn't until 2019 that Florida made changes to impact industrial hemp consumers.

The state passed SB 1020, a bill that specifically legalized industrial hemp, defined as "the plant Cannabis Sativa L. and any part of that plant," including extracts and cannabinoids, so long as it contains less than 0.3% THC by weight. This bill is similar to legislation regarding hemp pilot programs passed in other states, like Colorado and Arkansas.

In 2019, Florida also amended SB 182, a bill largely focused on the expanded use of medical cannabis products across the state. In this bill, the state now clarifies that "low-THC cannabis not in a form for smoking" is exempt from use restrictions, even in many public areas.

This wording, in combination with the state's legalization of hemp and hemp-derived cannabinoids, effectively legalizes CBD oil products for Florida citizens. Some laws are still hazy regarding smokable CBD products, but there are no specific restrictions against them as long as they meet the requirements listed in SB 1020.

These laws do, however, impose various regulations on what qualifies as a “legal” CBD product in the state of Florida. The state requires that marketable CBD products meet the following standards:

  1. The label must include a barcode or QR code linked to third-party batch tests for the specific product.
  2. CBD products must contain less than 0.08% THC by volume.
  3. Any CBD products sold in Florida must come from vendors and sellers who are licensed through the state.

That means that Florida’s CBD laws outweigh federal laws, so not every product that meets federal standards will meet the standards laid out by the state.

Is full spectrum CBD legal in Florida?

Many consumers are worried that the trace amounts of THC found in full spectrum CBD products may cause trouble in states where cannabis is illegal.

Florida has no restrictions on full spectrum CBD products that contain 0.8% THC or less by volume, as long as they are derived from a legal hemp source. CBD products contain larger amounts of THC are considered cannabis products, and may be accessible only through the state’s medical cannabis program.

Does Florida have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines in Florida.

Do you need a prescription for CBD oil in Florida?

Florida does not require a prescription to access CBD products within the state. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like Florida where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Florida?

A bottle of CBD oil that can be found in stores and online in Florida

In Florida, all CBD vendors must be licensed by the state. Still, updated legislation expanded access to CBD products, especially for medical cannabis patients. Even if you do not qualify as a medical cannabis patient, you can find state-regulated CBD products in grocery stores, wellness markets, and convenience stores all over the state.

Still, buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Do you have to be 21 to buy CBD in Florida?

Florida does not specify a legal age for purchasing state-regulated CBD products, making them theoretically accessible to all ages. However, certain products, like smokable hemp flower or CBD vaporizers, may not be suitable for everyone.

While there are no statewide age restrictions, local regulations can vary, and many sellers may require customers to be at least 21, following the legal age for tobacco products. Online CBD purchases are typically available to customers aged 18 and older.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. Florida has legalized CBD and expanded access to the cannabinoid across the state, but every state has different CBD laws. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Florida?

Can I buy CBD legally in Florida?

Yes, CBD is legal in Florida, provided it meets state regulations, including containing less than 0.3% THC.

Do I need a card to buy CBD gummies in Florida?

No, you do not need a medical card to buy CBD gummies in Florida, as they are available to all consumers.

Can I travel with CBD to Florida?

Yes, you can travel with CBD to Florida, but ensure the product complies with federal and state laws, including THC limits.

Does CBD show on a drug test in Florida?

While CBD itself typically does not show on drug tests, some products may contain trace amounts of THC, which could potentially lead to a positive result.

How does CBD make you feel?

CBD generally promotes a sense of calm and relaxation without the psychoactive effects associated with THC.

Does CBD help with anxiety?

Many users report that CBD may help reduce anxiety, but individual responses can vary, and more research is needed to fully understand its effects.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Florida SB1020 State Hemp Program” https://trackbill.com/bill/florida-senate-bill-1020-state-hemp-program/1687398/
  3. “SB 182” https://flsenate.gov/Session/Bill/2019/182/BillText/er/PDF

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