Is delta 8 legal in Florida? How does the future look like?

delta 8 legal in florida

Table of Contents

Delta 8 THC is a form of marijuana that has been legalized in some states, including Florida. Delta 8 has been made illegal federally due to its high concentrations of TCH. Some forms of controversy have come up concerning the legality of Delta 8 THC since it is known for abuse by people who use it.

As we enter a new era of hemp and cannabis legalization, more and more people are asking: “Is Delta 8 legal in Florida?” The answer is yes! If you’ve been on the fence about this cannabinoid, it’s time to get educated.

The state of Florida has clearly defined hemp to include Delta 8 THC and has the same laws as CBD. Plus, they’ve removed hemp products from their Controlled Substances lists, making Delta 8 accessible across the state. Before you buy Delta 8-THC, here is some info on what you need to know if you live in the Sunshine State.

KEY TAKEAWAYS

  • Hemp-derived cannabinoids are not controlled substances in Florida.
  • Delta 8-THC is legal in Florida. 
  • There are no possession limits defined for Delta 8-THC products within Florida state law.
  • Dispensaries require you to be 21 to purchase Delta 8-THC.


FLORIDA HEMP LAWS VS THE FEDERAL LAW AND REGULATIONS

Florida has several laws that pertain to cannabis. The state is in a gray area where marijuana is concerned, with limited legal access to high-THC products and a total ban on smokable items. Hemp-derived cannabinoids are not a controlled substance in Florida, though cannabis remains illegal under the state’s Controlled Substance statute. The state of Florida allows individuals to manufacture and distribute a hemp product such as CBD, and even hemp plants under its hemp laws. The text further clarifies that “cannabis,” which is listed under the state’s Controlled Substance statute, “does not include hemp or industrial hemp.” Hemp is legal to grow in Florida, but the production of Delta 8 (the molecule that makes people high) was illegal until recently because it’s nearly identical to THC, which has psychoactive effects.

That changed when the 2018 Farm Bill passed and hemp products became federally legal. The farm bill allowed selling CBD products with .3% THC or less. As a result, Florida also made it legal to sell hemp-derived products with up to .3% THC.

SENATE BILL 1020. 581.217 STATE HEMP PROGRAM

(2) LEGISLATIVE FINDINGS.-The Legislature finds that:

(a) Hemp is an agricultural commodity.

(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

(3) DEFINITIONS.—As used in this section, the term:

(d) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(e) “Hemp extract product” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.

Section 2. Subsection (3) of section 893.02, Florida Statutes, is amended to read:

893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings unless the context otherwise requires:

(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473.

Should Delta 8 Be Treated As Controlled substances?

It is essential to state that Delta 8 THC has been made illegal under Federal Law, but some states, such as Florida, have legalized it for medicinal purposes. Legality has led to some controversy since people have been known to abuse Delta 8 to acquire desired effects. It is also dangerous in that several side effects can arise when not used in the correct dosage, which has led to an increase in emergency room visits.

WHAT IS FLORIDA LAW REGARDING POSSESSION OF DELTA 8

In Florida, Delta 8 currently exists as an “agricultural commodity” derived from legal hemp material. Therefore, there are no possession limits defined for Delta 8 THC by authorities without proper documentation and lab testing. Basic lab testing checks only for THC, meaning that extensive lab tests are needed to differentiate between Delta 8 and Delta 9 content when proof of legal possession is necessary.

IS CANNABIS (Delta 9 THC) LEGAL IN FLORIDA?

Cannabis Delta 9-THC is constitutionally legal in Florida. It was approved by 71% of voters during the November 2016 FL Medical Marijuana Legalization Initiative, also known as Amendment 2.

 Two types of cannabis include hemp and marijuana. Hemp has high levels of CBD but low levels of THC, which is the psychoactive ingredient that gets you high. Marijuana does have THC but also has CBD, which negates some of the mental effects of THC. Marijuana is still considered a dangerous drug under Federal Law, and it lacks FDA approval for use in almost any situation. 

In 2014 Florida began efforts to make low-THC cannabis available to patients. Now THC products are available for people with cancer, epilepsy, chronic seizures, or muscle spasms. Cannabis has to be low-THC and high-CBD to be considered legal in Florida. People who purchase or use medical marijuana need a medical card from a doctor registered with the state’s Compassionate Use Registry.

IS DELTA 8 LEGAL IN EVERY STATE?

Delta 8 is not legal in all 50 states, and in the states that D8 is legal, it may be illegal under certain circumstances. For example, Delta 8-THC oil or tincture might not be legal for minors if the product contains more than 0.8% Delta 8-THC. It could also be restricted to adults 21 years of age and up.

The state of Florida legalized low-THC cannabis oils in 2014. The product must have zero percent more than 0.8% Delta 9-THC, and should not be below 10% CBD, and contain no psychoactive substances. It is legal for adults with a terminal illness to possess this type of cannabis extract if they have a certification from two physicians.

Florida legalized medical cannabis extracts in 2014, but the law contains specific provisions about what types of products are available and which conditions can be treated with them.

According to Section 381.986 (6)(a), the product must be dispensed through a medical dispensary and contain less than 0.8% THC and more than 10% CBD. No other non-psychoactive cannabinoids are allowed in the product, and it cannot have any synthetic cannabinoids or precursors of such substances.

To use Delta 8 THC products in Florida is completely legal as per the current Florida laws and the farm bill. As long it stems from hemp extracts and is not extracted or has any bi-products from the marijuana plant the state law allows you to purchase and consume delta 8 products.

WHAT ABOUT CBD OIL AND OTHER HEMP-DERIVED CANNABINOIDS?

In regards to CBD oil, here is how it used to work.

If you were suffering from epilepsy, ALS, cancer, Crohn’s Disease, Parkinson’s Disease, MS, Dravet Syndrome/CDKL5, or any other disease which produces seizures or muscle spasms, then you were able to purchase CBD oil. CBD oil often show to be effective for treating these conditions. If your doctor recommends it, you were able to purchase the oil in Florida.

A recent amendment to Florida’s “Charlotte’s Web” CBD law made it legal for even recreational users of marijuana to buy, sell and possess CBD oil without breaking any laws. The only requirement was that if someone wants CBD oil they must have a condition that warrants its use or be part of one of the state’s four existing cannabis clubs.

The Florida law, first passed in 2014 and has expanded since, allows everyone to purchase low-THC (Delta 9 THC below 0.30%), with CBD (hemp-derived cannabidiol) content it in. Today you see hemp-derived CBD products in every corner of Florida.

WHERE TO BUY DELTA 8 THC IN FLORIDA

If you have ever been thinking “Where can I purchase Delta 8 THC in Florida?” we have good news for you. You can purchase D8 online at a reputable site like BiowellnessX, or you can buy Delta 8 in person. Various hemp-derived products are found in local stores, but the benefits of buying Delta 8 THC online are extraordinary. One of the reasons is that you can buy directly from a specific brand or manufacturer instead of purchasing through a third-party vendor. Proceed with caution when choosing a Delta 8 distributor, though. Third-parties may not fully understand the effects of Delta 8 THC and its uses or even the laws surrounding Delta 8 THC products. It is vital to know the regulations for your state before purchasing this substance; they update often.

WHAT IS THE LEGAL AGE TO BUY DELTA 8 IN FLORIDA

It’s no secret that delta 8 THC is the latest craze, and if you’re under 21 years old in Florida, it can be challenging to find a dispensary that will sell you Delta 8. Even though there are no “state regulations”, or even regulations from the federal government set in place, retailers have the right to put an age limit, and as of right now, many retailers require consumers to be 21. It’s one of the few legal disclaimer that seems to be the same across the board. When dealing with delta 8 you are dealing with THC, and we have to treat it with care to make sure no minors get their hands in it.

THE FUTURE OF DELTA 8 IN FLORIDA

Delta 8 is a minor THC product that can be naturally derived from THC molecules found in the cannabis plants; it mimics the medical benefits and lacks much of the euphoric effects of THC which you normally would feel from consuming Delta 9 THC. However, Delta 8 THC has been subject to raids by the Drug Enforcement Administration (DEA) in states that have legalized marijuana for medicinal use.

Compared to other states, Delta 8’s future looks a little more secure in Florida, thanks to Senate Bill 1766. However, while state lawmakers aren’t eyeing up an imminent ban, nothing stops the DEA from swooping in. The IFR ruling on synthetic tetrahydrocannabinols has led many to believe that the DEA has Delta 8 products in its crosshairs regardless of their legality under Florida department state law.

FINAL THOUGHTS

Delta 8 THC is now legal in Florida, and we couldn’t be happier! We hope to see more states follow suit with this change so that the cannabis plant can be legalized on a national level. Our team here at BiowellnessX can help you with all your Delta 8 needs; we have many products that can help you with all your aliments. Let one of our customer service reps help you out today!

Reference:

Senate Bill 1766- Senate Bill 1766 (2021) – The Florida Senate (flsenate.gov)

Senate Bill 1020- Senate Bill 1020 (2019) – The Florida Senate (flsenate.gov)

Wikipedia – Cannabis in Florida 

Frequently Asked Questions

Is Delta 8 better than Delta 9?

Delta 8 THC isn't necessarily better than Delta 9 THC. Delta 8 has all of Delta 9's benefits, PLUS Delta 8 THC products are federally legal in most states. Meaning Delta 8 is not scheduled under the CS Act and is available through legitimate sources. In addition to being legally accessible, there are 38 states where you can purchase Delta 8 products legally as writing this post.

Is it better to smoke Delta 8?

There is no right answer to this question. It all depends on what your preference is. Some love the taste of the gummies, while others love the oil and then there are those that need their smoking fix. It all comes down to what you want.

I want a fast way of getting high!

There's no such thing as the "fastest" way to get high because everyone is different and reacts differently. However, there are certain factors that can increase your chances of becoming high from a substance including your weight and tolerance towards your Delta 8 THC.

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