Is Delta-8 THC Legal in Florida? (Dec. 2022 Update)

By | last updated December 15, 2022

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Hemp-derived delta-THC is legal in Florida. The state is in line with federal laws by allowing all hemp-derived products as long as they contain no more than 0.3% delta-9 THC. The bill that was supposed to restrict delta-8 products died in the state house.

Here’s what you need to know about delta-8 THC legality in the Sunshine State.

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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.

That means hemp-derived delta-8 THC is legal. Florida was working on a House bill that would add new cannabis restrictions but the bill died.

What is Delta-8 THC?

A delta-8 THC vape pen.

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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta-8 THC in Florida

For now, delta-8 THC is legal in Florida and we don’t see that changing anytime soon. The only possible change is that the state legalizes recreational cannabis, which could turn delta-8 THC into a regulated market. But we’ll have to wait and see.

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