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Is Delta 8 THC Legal in Florida?

Given the seemingly murky legal area regarding hemp and cannabis, it is common to wonder where delta-8 THC is legal. If you find yourself asking if delta-8 THC is legal in Florida, the answer is yes.


It Is Legal at the Federal Level

The first thing to know about delta 8 being legal in Florida is that it is also legal federally. This comes from the 2018 Farm Bill. For those unfamiliar with it, that bill legalizes hemp and hemp-based products. It defines hemp as having less than 0.3% delta-9 THC. Thanks to this definition of hemp, delta-8 THC is legal across the United States.

That being said, individual states are free to place their own restrictions on delta 8. Florida chose not to.


The Relevant Florida Laws

Like many other states, Florida explicitly legalizes delta-8 THC and other hemp products instead of relying on federal law to make it legal.


State Hemp Program

The State Hemp Program was Senate Bill 1020.581.217. In the bill, the legislature calls hemp an agricultural commodity. It also says that “hemp-derived cannabinoids” aren’t controlled substances. The bill specifically names cannabidiol (CBD) as an example of a hemp-derived cannabinoid but also states that the definition is not limited to that.

The bill also takes the time to define “hemp” in greater detail. This definition is nearly identical to the definitions of other states and in federal law. Hemp is the Cannabis sativa L. plant and its parts, salts of isomers, salts, acids, extracts, cannabinoids, derivatives, and isomers. To qualify as hemp, these substances must not have a concentration of delta-9 THC higher than 0.3%. As is the norm, that concentration is based on the dry weight.

The bill also defines “hemp extract” as a compound that contains hemp or derives from it. According to the bill, hemp extract is “intended for ingestion” and doesn’t contain controlled substances.


Amendments to the Florida Statutes

As part of the same bill, Florida amended Section 2. Subsection 3 of 893.02 in the Florida Statutes. This section defines cannabis. It now includes a statement at the end of the definition that explicitly says that industrial hemp (in 1004.4473) and hemp (defined in 581.217) are not cannabis.


Traveling Outside of Florida? Where Is Delta 8 THC Illegal?

We established that the answer to is delta 8 THC legal in Florida is yes. But you should take care if you travel, as it is not legal across all states. Remember that states can make laws against it, and several have.

The relevant states that are closest to Florida include Arkansas and Mississippi. You should also avoid using delta-8 THC if you head to Utah, Rhode Island, Montana, Iowa, Idaho, Delaware, Colorado, Arizona, or Alaska.


The Laws May Change

Keep in mind that while delta 8 THC is legal in Florida at the moment, that may not always be the case. Laws can change, so it is always smart to pay attention if you plan on consuming delta 8. As long as you pay at least some attention to laws and news regarding hemp and cannabis, you should notice any changes.

Additionally, retailers are always on top of these changes as they don’t want to get in legal trouble. If you normally buy your delta-8 THC at a dispensary, they will stop selling it if it becomes illegal. If you buy it online, they will likely stop shipping to Florida if the law changes.


Where to Buy Delta 8 THC in Florida

Now that you know that delta-8 THC is legal in Florida, where can you buy it? You have plenty of options.

You can visit one of the physical stores in Florida that sells delta 8. These are most commonly dispensaries, smoke shops, gas stations, holistic stores, and maybe wellness stores. This is a good option if you want to see the product before you buy and get in-person advice. It also lets you get the delta-8 THC right away.

You can also order delta 8 online. This will give you a greater variety of options regarding the type of products available and the strains or flavors. That is great if you want something specific. Many online retailers also offer advice via a live chat or representatives on the phone.

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