What is the Current Legal Status of Delta 8 THC in Florida?

Delta 8 sourced from hemp is legal in the state of Florida. Under Florida law, which specifically outlines the federal 2018 Farm Bill, all hemp-derived cannabinoids, terpenes, flavonoids, and isomers are permitted for use, possession, sale, distribution, and production.

For the hemp-derived compounds to be legal in Florida and on the federal level, hemp must only carry up to 0.3 percent of delta-9 THC by dry weight. Once the delta-9 THC percentage is above 0.3 percent, it’s classified as marijuana, which remains a federally controlled substance under Schedule I of the Controlled Substances Act (CSA).

In Florida, Senate Bill 1766 further permits delta 8 products to be entirely legal. As per Senate Bill 1766, you need to be at least 21 years or older if you want to purchase delta 8 products.

What is Delta 8?

Delta 8 is a naturally occurring cannabinoid and derived from hemp is legalized in the 2018 Farm Bill. As such, it is not prohibited under federal law. But almost all Delta 8 products on the market are processed and are not directly extracted.

This means that in almost every case Delta 8 is converted from CBD — a cannabinoid that has garnered popularity in recent years and has a litany of health benefits with no intoxicating effects, that conversion process and the intoxicating and psychoactive side effects of Delta 8 have drawn the ire of many regulating bodies and legislators.

The Legal Landscape of Delta 8 in Florida

The legal landscape regarding delta 8 THC products is evolving rapidly. Therefore, it is important to stay up to date on any changes in the law to ensure that you only purchase legal products due to this product’s sensitive nature.

  • Delta 8 derived from hemp carrying up to 0.3 percent Delta 9 THC is currently legal in Florida
  • You can use, possess, sell, distribute, and produce delta 8 and its products without fear of penalty or prosecution
  • You can legally purchase delta 8 products online
  • CBD and delta-10 THC are also legal in Florida

Upcoming Delta 8 Legislation in Florida

There’s currently no upcoming state legislation that could change delta 8’s legality in Florida. The Florida Department of Agriculture and Consumer Services (FDACS) made its stance on hemp-derived delta 8 very clear in a recent press statement, stating, “all hemp extracts and hemp derivatives are legal unless they carry or are sourced from hemp containing more than 0.3% delta-9 THC.”

A 2021 letter from DEA to Dr. Donna C. Yeatman, R.Ph. Executive Secretary of the Alabama Board of Pharmacy unambiguously declared, “cannabinoids extracted from the cannabis plant that have a Delta-9 -THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp” and thus are not controlled under the CSA.”



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