Is Delta-8 THC Legal in Florida? (April 2023 Update)

By | Updated on April 11, 2023

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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.


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.

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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.

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?

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 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.

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