Is Delta 8 THC Legal in Florida?

Legality of buying Delta 8 THC in Florida

View all Delta 8 THC Legal States Information

Delta 8 THC is legal in the State of Florida. Delta 8 can be used for many different purposes. Though, like CBD, there are some rules you have to abide by if you want to purchase or sell it legally within the state's boundaries. Read more about this topic below!

Yes, Delta 8 THC is legal in the State of Florida.

In Florida, Delta 8 is allowed. Everywhere from Tampa / St Petersburg / Sarasota Areas to Miami and everywhere else within the Sunshine State, people are flocking to find Delta 8 THC for sale in Florida. But before you buy, of course you want to know the Delta 8 THC Florida Laws. As experts in Delta-8 THC and experienced users, we'll show you how to avoid the fake Delta 8 out there and learn more why Florida Laws are favorable for Delta-8 Users.

The industrial hemp plant contains over 100 different cannabinoids. These cannabinoids exist in both hemp and marijuana. Only hemp is legal nationwide, and marijuana requires a medical card in the state. Hemp-derived cannabinoids, such as Delta 8 THC, are all legal except the federal government restricted one kind of cannabinoid, called: Delta-9 THC. All hemp-derived products must abide by the rule of having less than or equal to .3% Delta-9 THC in order to be bought and sold in all US States.

Delta 8 THC legal concerns have been coming up as people want to know whether it is monitored or restricted in the state. Since Delta 8 THC and Delta-8 products give people a "high", people want to know whether this particular type of product is being treated the same as the non-psychoactive cannabinoid, CBD. The simple answer is yes, it's being treated the same as CBD products (by monitoring the Delta-9 THC concentration), and Delta 8 THC Products are being offered for sale across the state.

The Delta 8 THC hemp derivative became legal when the president signed the Farm Bill into Law in 2018. This law permitted sale of hemp products across state lines. As one of the isomers of hemp, Delta-8 THC is considered a type of tetrahydrocannabinol (THC), though, this particular THC doesn't need to abide by a certain tetrahydrocannabinol concentration in order to be legal in the state.

Quick Questions Answered:

Can I buy Delta 8 THC in Florida?

Yes, Delta-8 THC is legal in Florida due to the Governor signing into law the SB 1766 Bill, and with the president signing the Farm Bill of 2018.

Where to buy Delta 8 THC in Florida?

Delta-8 can be purchased in any city in Florida and online, though you have to be careful of fake Delta-8 products out there.

How old do you have to be to buy Delta 8 THC in Florida?

You will need to be 21 years old or older to purchase Delta 8 THC in FL due to SB 1766 soon gaining traction on the Senate floor right now.

Current Florida Delta-8 Legislation

A new bill, SB 1766, introduced by Senator Powell aims to impose an age limit restriction on Delta-8 THC in the State of Florida. Among other things such as delivering certain shipping documents, it will ensure that only Florida residents 21 years or older can partake in Delta-8 THC products. In the new bill, Delta-8 THC is defined as the following:

Delta-8-tetrahydrocannabinol (delta-8-THC) is not regulated under Florida law. Delta-8-THC is only slightly chemically different from delta-9-tetrahydrocannabinol (delta-9-THC), which is the main psychoactive ingredient in marijuana. Under federal law, psychoactive delta-9-THC is outlawed but delta-8-THC derived from hemp is not.

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”. Delta-8-THC is legal in this state so long as it doesn't exceed a 0.3% Delta-9 THC concentration level.

Lawmakers have also addressed Delta-8 THC in a separate document, in which the state the following:

Delta 8:
At this time any hemp product intended for human or animal ingestion or inhalation which is sold in Florida must comply with all Florida statutes and rules.
Any hemp or hemp extract products offered for sale or sold in Florida must comply with all labeling rules and have a certificate of analysis that shows a total THC (THCA x .8777 + THC Delta 9 = total THC) content of 0.3% or less. Any hemp or hemp extract product that does not comply with all statutes and rules is subject to enforcement and possible destruction by the Florida Department of Agriculture and Consumer Services.

Please see https://www.fdacs.gov/Cannabis-Hemp/Hemp-CBD-in-Florida for more information and direct links to the applicable laws.

The original definitions of industrial hemp for the state were defined in SB 1020 which went into effect July 1, 2019. In the Act it removed hemp-derived cannabinoids (such as Delta-8 THC) from the list of controlled substances, where it stated:

Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

Additionally, SB 1020 also opened the door for standardizing the state's industrial hemp program.

Florida Industrial Hemp Act

The final rule for Florida's Industrial Hemp Program went into effect 4/14/2020 which is now overseen by the Department of Agriculture and Consumer Services in Florida. Combined with SB 1020, it directed the Department of Agriculture and Consumer Services to create industrial hemp pilot projects for researching industrial hemp's potential in the state.

As of June 16, 2018, commercialization has also been allowed as long as certain conditions are met with the state's Industrial Hemp Program. Universities, such as University of Florida's IFAS Hemp Pilot Project, are required to submit a report to the department within two years after starting a project with public and private partners.

List of controlled substances

In reviewing Florida's Controlled Substance laws' definition of "hemp" is a designation that specifies all hemp related materials, including extracts, cannabinoids, isomers, acids, and salts. Therefore, law in Florida designates Delta-8-THC as not being considered a controlled substance so long as it’s made from legal industrial hemp material.

Buying and Shipping Delta 8 in Florida

Since Delta 8 THC is legal in the State of Florida, residents can enjoy trying delta-8 product lines by purchasing at retail locations or by buying Delta 8 products online with a shipping address located in the state. The minor cannabinoid, Delta-8 THC, is allowed in the State. The sale of products requires a certificate of analysis (CoA) and special shipping documents to remain legal in the state. Ensure your Delta-8 extract products are sourced from a trusted provider!

Border States to Florida:

Georgia and Alabama

Advocacy Groups in Florida Supporting Delta 8 and Hemp Laws

Floridians are out there continuously showing support for Delta 8 THC and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in Florida:

Florida Can

Florida Hemp Association

Hemp Industries Association of Florida


News stories covering raids or busts on Delta 8 Products and stores in Florida

 

9/13/2021

What Is Delta-8?

5/6/2021

WESH 2 investigates controversy surrounding new hemp product, 'Delta 8' THC

5/2/2021

Delta 8 drug flying off the shelves, creates legal gray area

3/8/2021 - Delta 8 THC Tampa Update

How to get a legal buzz in Sarasota without a Florida medical marijuana card

 

1/8/2021

Florida Agriculture Commissioner Sets High Goals for Hemp Production

 

12/31/2021

A growing business: The push to get Florida's hemp textile industry going

 

12/19/2020 - Delta 8 THC Tallahassee Update

Hurdles still remain for rooting North Florida's hemp industry

 

12/8/2020

Hemp Program Lighting Up Florida Agriculture