Is Delta 8 Legal in Florida?

Laws surrounding hemp and cannabis seem to be constantly changing and that can make it hard to keep up. For all those Floridians out there, we've got great news. Delta 8 THC is perfectly legal in the sunshine state!


Hemp derived products like Delta 8 THC have become an increasingly popular alternative to medical marijuana in many places. Since these Delta 8 products are made from hemp plants, they are considered federally legal which makes them far more accessible to many.


Even though these hemp derived cannabinoids are legal by federal law, that doesn't necessarily mean that they are considered legal at both the state and federal levels. This leaves many to wonder "Is Delta 8 legal?". Let's take a closer look at how and why Delta 8 is considered legal in Florida.


What is the 2018 Farm Bill?

Let's first start by understanding how federal law views industrial hemp. The 2018 Federal Farm Bill legalized hemp products that contain 0.03% or less Delta 9 THC on a dry weight basis, making hemp oil and hemp extracts now considered an agricultural commodity. Any cannabis plant that contains more than 0.3% Delta 9 THC is considered marijuana.


The Farm Bill is what allowed for Delta 8 THC and many other cannabinoid products to become perfectly legal to purchase across the country, including Florida.


What is Delta 8 THC?

Delta 8 is just one minor cannabinoid of over 100+ individual cannabinoids that are found naturally in the cannabis plant. Delta 8 THC is a psychoactive substance, which does produce intoxicating effects, meaning it does produce a "high", but in a lower potency when compared to Delta 9 THC. Overall, Delta 8 THC falls in a middle ground between CBD (hemp derived cannabidiol), which is a non-intoxicating substance and regular THC (Delta 9).


Because this chemical compound is found in very small trace amounts in both hemp and cannabis plants manufacturers are unable to procure enough of it in large enough quantities to fulfil its demand. Luckily, they have found a way to convert or synthesize it from hemp derived cannabidiol (CBD) which has allowed the hemp industry to keep up with demand.


Is Delta 8 legal in Florida

Yes, Delta 8 THC is legal in the state of Florida. You will find Delta 8 THC products available for purchase in CBD retail stores and shops across Florida.


You can find these shops of course in Miami but also in other cities like Tallahassee, Clearwater Beach, Jacksonville, Tampa, and Orlando. In order to purchase Delta 8 online or in person in Florida you must be at least 21 years old.


For those of you curious about traveling into or through the state of Florida with Delta 8, Florida state law does allow you to bring and possess Delta 8 while in the state. If you are traveling out of Florida and into another state should still familiarize yourself with the local laws that you will be traveling to. Not all states share the same legal stance on Delta 8 as Florida does.  


Is marijuana legal in Florida

Is marijuana legal in Florida?

Recreational marijuana use is illegal in the state of Florida. In fact, Florida has always had a strict stance on marijuana use. It is currently illegal to use, possess, sell, distribute, or cultivate marijuana.


Marijuana possession of anything up to 20 grams is a misdemeanor, which is punishable with up to a $1,000 fine and possibly up to 1 year in jail. Unless recreational marijuana is legalized in Florida, it remains a controlled substance in Florida state law.


Medical marijuana on the other hand was legalized in 2016 with the passing of the Florida Medical Marijuana Legalization Initiative (Amendment 2) and then with the Medical Use of Marijuana Act (Senate Bill 8A) in 2017.


Is Delta 9 THC legal in Florida?

That depends on the source of the Delta 9 THC. Delta 9 THC is simply one primary active ingredient found in both the cannabis plant and the marijuana plant. Hemp derived Delta 9 THC is fully legal at the federal level and is also legal in Florida.


Again, hemp is defined as cannabis that has a Delta 9 THC content of no more than 0.03% to be considered a legal substance. Recreational marijuana is, and continues to be, an explicitly illegal controlled substance and is prosecuted in the state and by the federal government unless prescribed for medical purposes.


Can doctors prescribe marijuana in Florida?

Can doctors prescribe marijuana in Florida?

Yes, Florida does have a medical cannabis program. Even though marijuana for recreational use is illegal, doctors in Florida are able to prescribe marijuana for certain medical conditions.


The Florida Amendment 2 and Senate Bill 8A gives patients in Florida the right to use medical marijuana if they've ever been diagnosed with any of the following conditions.


  • Cancer

  • Crohn's Disease

  • Glaucoma

  • ALS

  • Epilepsy


  • Multiple Sclerosis

  • PTSD

  • Any Terminal Condition



Where to buy Delta 8 THC in Florida

You can find Delta 8 and CBD products in many local gas stations and vape shops. If you live in Florida, you will find that Delta 8 and many other hemp derived products can also be purchased online. Online retailers will often offer an even larger selection than what you may be able to find locally.


Online retailers usually offer a wider variety and the highest quality hemp derived cannabis products. Products ranging from Delta 8 gummies, vape carts, and edibles which can be found in a large assortment of delicious flavors.


Wherever you choose to buy Delta 8 make sure you purchase from a reputable source. Quality brands and retailers will offer full transparency of the products they manufacture and sell. All high-quality products will be lab tested by an independent laboratory.


Results of these tests will prove the product is derived from industrial hemp and indicates there are no harmful chemicals, heavy metals, or other harmful substances left behind from the manufacturing process.


What does the future look like for Delta 8 in Florida?

What does the future of Delta 8 look like for Florida?

With constantly evolving laws, what is legal in Florida today might not always be legal in the future. For cannabis users in Florida the future of hemp and marijuana looks bright. Many states are even going so far as legalizing recreational cannabis altogether.


Based on this we predict that both hemp derived products and marijuana will continue to become more socially accepted and legally accessible not only in Florida but in many other states.


Frequently asked questionsFrequently asked questions?


Is Delta 8 legal in Florida for recreational use?

Yes, Delta 8 THC is legal in the state of Florida as long as it is derived from hemp and contains no more than .3% Delta 9 THC.


Can you pass a drug test with Delta 8 in Florida?

No, because Delta 8 THC is a form of THC, these THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana. We suggest avoiding using Delta 8 if you are subject to drug screenings. 


Is possession with Delta-8 a felony in Florida?

No, the legal status of hemp derived Delta-8 THC products in Florida remain fully legal. You should keep in mind that police officers may have a tough time indicating whether or not some products are actually legal Delta 8. It is in your best interest to keep all products in their original packaging. 


What happens if I get pulled over in Florida with Delta-8?

While Delta 8 THC is legal in Florida, you should not drive or operate a vehicle while under the influence. Doing so may result in prosecution. Possessing Delta 8 THC in Florida is totally legal.



For now, Floridians can continue to legally enjoy hemp derived products like Delta 8 THC without worry. Future concerns on if Delta 8 is added to the list of controlled substances are a very real possibility.


As the DEA continues to purse clarifying a definition of synthetic cannabinoids, things might change. Because of how this hemp extract is converted from CBD to its final form, there is some debate on if it should be considered natural or synthetic. If it ends up becoming considered a synthetic cannabinoid by this definition it may spell the end of Delta 8 THC in Florida.


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