Is Delta-8 THC Legal in Florida?

By | last updated December 4, 2021

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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.

But Florida is working on a new bill that would add new restrictions to all hemp-derived products, including delta-8 THC.

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.

However, Florida is working on House Bill 679, which will add new cannabis restrictions.

Among its changes, the bill adds new regulations for hemp extract products, which include delta-8 THC. Here’s a look at the key changes:

Hemp extract and hemp extract products may only be distributed and sold in the state if the extract or product: 

1.  Has a certificate of analysis prepared by an independent testing laboratory that states:

a.  The hemp extract is from a batch tested by the independent testing laboratory

b.  The batch contained an acceptable hemp THC level.

Each hemp extract and hemp extract product manufactured or distributed in the state must be registered with the department before distribution.

Hemp extract and hemp extract products that are intended for inhalation or ingestion may not be sold in this state to a person who is under 21 years of age.

Florida House Bill 679

These regulations mean that anyone who sells delta-8 THC in Florida has to:

  • Register their products
  • Have them tested by an independent lab
  • Cannot sell inhalable or edible delta-8 THC products to anyone below 21

But the rule about hemp extract products containing “an acceptable hemp THC level” is unclear. 

It sounds like Florida wants to make sure that hemp extract products can’t contain more than 0.3% of any kind of THC, including delta-8 THC. 

If that’s true, then it would effectively ban delta-8 THC in the state. But the wording is unclear so we’ll have to wait and see what happens if and when the bill is actually passed.

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 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. But that will change if HB 679 gets passed.

At the very least, the bill will prevent unregistered companies (such as online vendors) from selling delta-8 THC in the state. It will also prevent its sale to Floridians under 21.

But there’s also a possibility that the bill will ban hemp-derived delta-8 THC entirely. 

As we explained earlier, the proposed rule about an “acceptable hemp THC level” sounds like it’s meant to limit hemp products to 0.3% of all types of THC, not just delta-9. If that regulation passes, then delta-8 THC could become illegal in Florida.

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