Is cbd oil legal in florida for minors

Is CBD Legal In Florida? Here’s All You Need to Know

CBD is the second most common cannabinoid. It offers several therapeutic and medicinal uses without intoxicating the user. According to different medical researchers, CBD has anti-inflammatory, analgesic anti-seizure, and anti-stress properties. You can get CBD to form both hemp and marijuana but laws are different in every American state. Hemp-based CBD is almost legal in every state.

Nowadays, CBD and its products (less than 0.3 percent THC) are legal in Florida. Laws for CBD and its products are continuously evolving in the state of Florida. A few years back, there was no proper legislation, but with the passing of the 2018 Farm Bill, now there is a proper legal framework.

According to this law, CBD products derived from hemp and have less THC (0.3 percent) are legal in Florida.

CBD Legislation in Florida

Is CBD Legal in Florida? To know more about CBD and its legislation in Florida, let’s look a few years back. Historically Florida is not CBD- friendly state. All hemp and its derivatives were illegal under the 1970 Federal Controlled Substances Act.

In 2014 SB 1030 bill passed, and CBD for medicinal uses became legal. Every patient couldn’t get the CBD, and it was not available as an over-the-counter product. Only registered patients could get that CBD and its derivatives. These Medicinal CBD and products must contain less than 0.3 percent CBD Capsules & Softgels. According to some amendments introduced in 2016 for the marijuana program, patients can use CBD oil (higher in THC) for therapeutic treatments. These amendments did not allow smoke-able forms of Cannabis. It means smoke-able Cannabis is illegal.

In 2019 some more amendments were made to the farm bill. According to this bill, hemp is legal, and CBD should contain less than 0.3 percent THC. Moreover, all the CBD products derived from hemp plants are legal, so hemp-derived CBD products are no more controlled substances.

Hemp Farming and Its Legislation In Florida

Is CBD Legal in Florida? To know its answer, you must know about the hemp farming laws in Florida.

As you all know that CBD derived from hemp doesn’t contain a high amount of THC. Moreover, hemp-derived CBD does not make the people high, so hemp cultivation is legal in Florida. If you want to grow and process hemp, then you must apply for a state license. If you want to run a testing laboratory to test hemp derivatives and products, then you also need a license. If you derived extract nod products from hemp, your CBD products must be tested by a licensed independent laboratory.

After testing your product laboratory, issue a certificate that products don’t contain any contamination and have less than 0.3 percent THC.

US Food and Drug Administration authorities are responsible for regulating CBD’s labeling and its medicinal claims. A label must have

  • THC content ( less than 0.3 percent)
  • The product’s batch number.
  • Product expiration date
  • A scannable QR barcode is linked to the product clearance certificate.
  • The label must have information regarding CBD product either it is full-spectrum or isolate

The Farm Bill says that any states regulate and even prohibit CBD cultivation and commercial uses according to the prevailing situation.

Buying and Selling CBD In Florida

In Florida, there are no strict rules and regulations regarding the selling of CBD and its derivatives. You can find CBD and its products almost on the very retail store, gas station, food store, and even on restaurants. There read various online platforms that are also selling CBD and its products. Many re-known brands are selling CBD products online. When you decide to buy CBD or any of its derivatives, keep the following things in mind.

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In which form you are buying CBD

  • What other ingredients do CBD products contain rather than CBD
  • The THC content in that CBD product
  • Testing and ingredients detail on the label
  • Manufacturing and extracting details
  • Expiry date and batch number

By checking all the things mentioned above, you can stay on the safer side by abiding by the law. Moreover, you can ask the seller what you are looking for and what CBD product will suit you. Any CBD product contains Higher THC content that is only for registered medical patients. Furthermore, there are not any clear possession limits OF CBD. You can find anything clear on how much CBD a person can possess. However, registered patients can buy and process Four ounces of medicinal CBD from licensed dispensaries.

Is CBD Oil Legal In Florida?

You can get CBD oil easily from any online store or retailer in Florida. Florida laws and regulations are lenient in this matter. Many American states allow CBD oil only for registered patients, and you cannot get it without a prescription.

In Florida, many non-dispensary” stores are selling hemp-based CBD oil. These stores are also delivering it to your doorstep. So unlike other states, there are no strict laws regarding CBD oil.

CBD Legislation for Minors In Florida

Is CBD legal in Florida (for minors)? The answer to this question is not easy as Laws are really strict for minors in Florida. Minors cannot easily get CBD products. Children only can get CBD if two doctors recommend it. There are concerned regarding brain development in children while using CBD products. Furthermore, there are many health conditions in children where the use of CBD is the last resort. Smoke-able Cannabis is still illegal for minors due to health concerns.

Wrapping Up The Things

I hope now you have a clear answer to the question is CBD legal in Florida? Every individual state has the right to regulate hemp production and its legislation according to need and situation. CBD or hemp products that contain less than 0.3 percent THC are legal in Florida. You can easily get the CBD (derived from hemp) from many non- dispensary” stores. Still, people are confused between what is legal or nonlegal in Florida, so there is a need for more clear legislative framework. Moreover, as CBD laws evolve, you can expect full cannabis legalization soon.

Is Delta-8 THC Legal in Florida?

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

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).

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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?

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 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.

Recommended delta-8 products

1. 3Chi

3Chi is an award-winning delta-8 brand that carries one of the largest selections of products. They currently sell delta-8 vapes, concentrates, tinctures, gummies, baked edibles, and bulk options – all available for shipping to Florida.

2. Five

Five is one of the highest quality brands we’ve tested. Their delta-8 products are highly effective and potent. They currently offer delta-8 gummies and vapes, plus their new CBD+THC formulas that are as potent as delta-8 THC. They are based in California and offer shipping to Florida.

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 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.

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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.

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

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.