Is Delta 8 THC Legal in Florida?

YES - Delta 8 THC is Legal in Florida

Delta 8 THC is legal in Florida. This legality stems from the 2018 Farm Bill, which federally legalized hemp-derived products, including Delta 8 THC, as long as they contain 0.3% Delta 9 THC or less by dry weight​. The state of Florida has aligned with this federal legislation, allowing the purchase, sale, and possession of hemp-derived Delta 8 THC products​. It's important to note, however, that while Delta 8 THC is legal in Florida, regulations can vary by state, so it's advised to be aware of the laws if you plan to travel outside of Florida with Delta 8 products​.

Legal Status of Delta 8 THC in Florida

Delta 8 THC's legality in Florida is primarily governed by federal and state laws that define the legal status of hemp and hemp-derived compounds:

1. 2018 Farm Bill: At the federal level, the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, legalized hemp by removing it from the definition of marijuana under the Controlled Substances Act (CSA). This law defines hemp as the cannabis plant and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3 percent on a dry weight basis. This legalization includes Delta 8 THC, provided it is derived from hemp and contains less than 0.3% Delta-9 THC.

2. Florida State Legislation: Following the 2018 Farm Bill, Florida aligned its state laws regarding hemp with federal legislation through the enactment of Senate Bill 1020 in 2019. This bill legalized hemp in Florida, defining it similarly to federal law as any part of the Cannabis sativa L. plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. This means that Delta 8 THC products derived from hemp with Delta-9 THC levels at or below 0.3% are legal in the state of Florida.

3. Regulatory Oversight: The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for the regulation of hemp products in the state, including Delta 8 THC products. The department oversees the cultivation, processing, distribution, and sale of hemp products, ensuring they comply with state and federal laws.

It's important to note that while Delta 8 THC is legal under Florida law, the legal landscape regarding hemp and hemp-derived products is subject to change. Legislative and regulatory adjustments can alter the status of Delta 8 THC and other cannabinoids. Therefore, it is advisable for individuals and businesses involved with Delta 8 THC to stay informed about current laws and regulations to ensure compliance.

SENATE BILL 1020. 581.217 STATE HEMP PROGRAM

(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.

Read more about Senate Bill 1020