December 04, 2020 6 min read

A U.S. map zoomed in on Florida

CBD’s legality is shifty across the U.S. and state laws don’t always line up with the federal guidelines. Even in states like Florida where medical cannabis is accessible, CBD’s legality isn’t always straightforward.

So, is CBD legal in Florida? And if so, where can you find it?

Luckily, Florida is one of the few states that lays out CBD regulations clearly, except in regards to some smokable forms of the cannabinoid. CBD is pretty accessible across the state, but you need to be sure that the products you choose meet local guidelines.

Here are the details you need on Florida CBD laws:

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, but more recent updates have expanded access to CBD to people without qualifying conditions.
  • The state has more rigorous regulations than most, and not all CBD products that are considered “legal” by federal guidelines will meet Florida’s standards.
  • The state also has no minimum age requirements or possession laws, but it may not be easy to access CBD in stores for consumers who are under 21.
  • Doctors in Florida may recommend CBD, but you don’t need a prescription to access it.
  • CBD is accessible across the state, but you must ensure that the products you choose meet Florida’s qualifications to avoid legal issues. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

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

 

What are the CBD laws in Florida?

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 laws do not highlight any legal age for buying state-regulated CBD products. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

Although there are no statewide laws, the rules for buying CBD may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Florida.

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.

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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