Is Delta-8 THC Legal in Florida?

Even with growing federal pressure, delta-8 isn’t going anywhere in The Sunshine State.

Delta-8 THC vape cartridge
Hemp derived delta-8 vape cartridge

To all you Floridians out there, we have some great news. Delta-8 THC sourced from varieties of hemp is legal in Florida. 

Under Florida state law, which falls in line with federal law as outlined in the 2018 Farm Bill, all hemp-derived cannabinoids, terpenes, flavonoids, and isomers are permitted for use, possession, sale, distribution, and production within the state. 

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

Is delta-8 legal in Florida?

  • Delta-8 derived from hemp carrying up to 0.3% 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
  • You can travel into Florida with delta-8 products in your possession

The legislative history of delta-8 in Florida

Following the federal enactment of the Farm Bill in 2018, Florida passed Senate Bill 1020, a piece of state legislation removing all hemp derivatives, cannabinoids, terpenes, flavonoids, and all other compounds from its comprehensive Drug Abuse Prevention and Control Act

This means hemp-derived delta-8 THC is legal under state law, which coincides with federal law. 

Is marijuana legal in Florida?

Marijuana plant
While hemp delta-8 THC is legal in Florida, marijuana use is only legal for medical use.

Recreational use of marijuana is strictly illegal in Florida. You are unable to use, possess, sell, distribute, or cultivate marijuana for recreational purposes. If caught, penalties are very strict. Possession of up to 20 grams is a misdemeanor and could see you in jail for one year with a fine of up to $1,000. 

However, medical use of marijuana was legalized after the passing of Amendment 2 (Florida Medical Marijuana Legalization Initiative) in 2016 and Senate Bill 8A (Medical Use of Marijuana Act) later in 2017. 

Buying delta-8 in Florida

Since hemp-derived delta-8 THC is legal in Florida, you’re able to purchase delta-8 products from licensed online vendors and in some retail stores.

There are several licensed retail shops located across Florida, not only in Miami but also in Crawfordville, Tallahassee, Clermont, and Clearwater Beach. Many of these dispensaries sell a variety of hemp delta-8 THC products, including delta-8 vape cartridges, gummies, and distillates, as well as a wide range of hemp-derived CBD products.

Hemp derived delta-8 THC vape cartridge
Hemp delta-8 products carry less than 0.3% THC and are legal to buy in Florida. Photo: Dan LaMorte/Oracle

If you’re nowhere near a dispensary or you want the convenience of having delta-8 products shipping to your address, there are hundreds of online vendors. You can find our comprehensive list of recommended delta-8 products here

What type of delta-8 is legal in Florida

Delta-8 sourced from federally legal, 2018 Farm Bill compliant varieties of hemp is completely legal in Florida. In order for hemp to be federally compliant, it should only contain 0.3% delta-9 by dry weight.  

Under no circumstances can you purchase marijuana-derived delta-8 products nor can you buy high-THC marijuana with delta-8 THC in it. State law prohibits recreational marijuana and marijuana-derived compounds. 

Marijuana derived delta 8 beverage
Marijuana-derived products with delta-8 are not legal in Florida. Marijuana-derived products are usually labeled as “cannabis infused” and are marked with the triangle symbol (THC warning). Photo: Morgan Lieberman/Oracle

Can you travel to Florida with delta-8?

Yes. You can travel to Florida with delta-8 THC products, provided the delta-8 is derived from federally compliant varieties of hemp carrying the legal 0.3% delta-9 limit. However, you should make sure you’re flying from a U.S. state where delta-8 is actually legal. You also have to make sure the airline allows delta-8 products as well. 

If your delta-8 product is derived from high-THC varieties of marijuana, it’s illegal at the state and federal level, meaning you cannot travel into Florida with it in your possession.

After the 2018 Farm Bill was enacted, the TSA stopped actively screening for hemp-derived products carrying less than 0.3% delta-9 THC in luggage, no matter whether it’s checked-in or carry-on. 

Before then, the TSA prohibited anyone from traveling with cannabis or cannabis-derived products (including hemp and marijuana) under federal law.

We recommend keeping all documentation of your delta-8 THC purchase with you before you fly. Receipts and third-party test results (Certificates of Analysis) are preferred here. 

Is delta-10 THC legal in Florida? 

Yes. Delta-10 THC is treated the exact same way as delta-8 THC in Florida on the state and federal levels. Why? Because delta-10 THC derived from hemp is federally protected by the 2018 Farm Bill, as are all other tetrahydrocannabinols aside from delta-9 THC. 

Where can you purchase delta-10 THC products in FL?

You can purchase delta-10 THC products all across the state of Florida via licensed online and physical dispensaries, though stock might be limited since delta-10 is newer and less popular than delta-8. 

Is CBD legal in Florida? 

Yes. Hemp-derived cannabidiol (CBD) is perfectly legal to possess, use, sell, distribute, produce, cultivate in Florida, provided it’s sourced from legal varieties of hemp carrying no more than the legal 0.3% delta-9 THC by dry weight limit. 

Upcoming legislation in Florida that could change delta-8’s legality?

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.

Florida legal statement about delta-8 THC

The future for delta-8 THC in Florida

Right now, delta-8 is legal in Florida but the federal government and its army of DEA fun-stoppers might change this

Related: List of States Where Delta-8 is Legal

The DEA recently issued an Interim Final Rule in an attempt to clarify the definition of synthetic cannabinoids and how it applies to delta-8. It states all synthetically-derived tetrahydocannabinols must be federally regulated under Schedule I of the Controlled Substances Act. 

Since only 1% is present in hemp plants, delta-8 is known as a minor cannabinoid. This percentage certainly isn’t enough to viably create delta-8 products, so producers are forced to be a little bit more creative.

In order for producers to make enough delta-8 THC, a structural isomerization process converting CBD into delta-8 using chemicals takes place under laboratory conditions. Structural isomerization means taking one substance and converting it into another substance by making slight alterations to its molecular structure. In the eyes of the DEA, this process might meet the definition of “synthetically-derived”, which means it’s a synthetic cannabinoid, technically a controlled substance, and potentially illegal across the United States.