We personally test CBD products and may earn a commission if you shop through the links on this page. Here’s how we make money.
For now, hemp-derived delta 8 is legal in Florida. But that could change if a new hemp bill gets passed. The bill limits the amount of THC in hemp products and creates other restrictions. Here’s what you need to know about delta-8 THC legality in the Sunshine State.
Summary
Delta-8 THC is legal in Florida. But state lawmakers are working on a bill that would limit hemp products to 5 mg THC per serving and 50 mg per package. The bill would also create other limitations such as a minimum buying age of 21.
If you’re looking for high-quality delta 8 products, I recommend Hometown Hero. This transparent Texas brand provides complete third-party test reports, which are critical for getting a safe and effective delta 8 THC product. It also donates a portion of every sale to veteran organizations.
Table of Contents
Florida Delta-8 THC Laws
Currently, Florida’s delta-8 THC laws match federal legislation. Hemp and hemp-derived products are legal in the state as long as they contain no more than 0.3% delta-9 THC.
However, the Florida House is working on a new bill (HB 1475) to restrict hemp-derived THC products. The proposed restrictions include:
- No more than 5 mg THC per serving and 50 mg per package
- Prohibiting people under 21 from buying such products
- Packaging, labeling, and testing requirements
If the bill passes, everything besides low-dose delta 8 products will essentially be illegal.
What is Delta-8 THC?
You’re probably familiar with delta-9 THC, the cannabis substance that gets you high. That’s what most people refer to when they talk about tetrahydrocannabinol (THC).
Delta-8 THC is another type of THC that’s only found in small qualities in cannabis.
It’s also psychoactive and has similar effects to delta-9 THC (1). But it’s roughly 33% weaker than delta-9 and less likely to cause side effects.
Why Delta-8 THC is Federally Legal
Delta-8 is legal on the federal level because of a loophole in the 2018 Farm Bill. The bill legalized hemp products as long as they contain no more than 0.3% delta-9 THC.
But there’s no limit on delta-8 THC levels. That means hemp-derived delta-8 THC is perfectly legal under the Farm Bill.
Most manufacturers use a simple chemical process to make delta-8 THC from CBD, the most abundant hemp cannabinoid.
States Where Delta-8 THC is Illegal
States can regulate delta-8 THC as they see fit.
Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.
The Future of Delta-8 THC in Florida
For now, delta-8 THC is legal in Florida. But if the House bill passes that will change. We’ll have to wait and see what happens.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.
