Is Delta-8 Legal In Florida?
Delta-8 THC (tetrahydrocannabinol) is an isomer of Delta-9 THC, the psychoactive ingredient in cannabis. It has recently become popular as a legal alternative to Delta-9 due to its milder psychoactive effects and availability in many states.
While it is often considered legal, the legality of Delta-8 in Florida has been called into question due to conflicting opinions from state legislators and law enforcement agencies.
This article will explore the legality of Delta-8 in Florida and outline what consumers need to know before purchasing or using products containing this compound. Additionally, it will provide information about age restrictions and other relevant regulations surrounding hemp and CBD products in the Sunshine State.
Key Takeaways
- The legality of Delta-8 THC in Florida is uncertain due to conflicting opinions from state legislators and law enforcement agencies.
- Delta-8 THC products cannot be sold in convenience stores or retail locations that sell tobacco products in Florida.
- Products containing Delta-8 THC must have less than 0.3% THC by weight and must come from an approved source.
- Age restrictions on Delta-8 THC products have been implemented in Florida starting July 1, 2023, with individuals aged 21 and over being able to purchase them.
What Is Delta-8?
Delta-8 is a cannabinoid found in hemp and cannabis plants that has a similar structure and effects to delta-9 THC, yet with lesser psychotropic potency. Delta-8 gained popularity following the legalization of hemp-based products as it is one of the many cannabinoids that can be derived from the hemp plant.
Its chemical structure allows for it to have similar effects to delta-9 THC, but without being as potent or potentially causing intoxication. Delta-8 can be found in various forms including gummies, oils, edibles, and other products.
Despite its similarity to delta-9 THC, delta-8 does not contain the same level of psychotropic properties which makes it appealing for those looking for more mild effects from their cannabinoid product.
As such, it’s important to understand if delta 8 products are legal in Florida before purchasing any substance containing this cannabinoid.
Is Delta-8 THC Legal in Florida?
The status of the hemp-derived cannabinoid, Delta-8 THC, in the state of Florida is subject to a variety of laws and regulations. According to the 2018 Farm Bill, Delta-8 THC is legal federally as it is defined as a hemp-derived product.
However, there are certain restrictions on its use in Florida due to its similarities with marijuana. For example, Delta-8 THC products like vape cartridges cannot be sold in convenience stores or retail locations that sell tobacco products. Furthermore, products containing Delta-8 THC must contain less than 0.3% THC by weight and must come from an approved source such as a licensed dispensary or Hemp processor.
Consequently, individuals looking for Delta-8 THC products must do so through these sources rather than over the counter at their local store. As such, while it may be legal under federal law, buyers should take caution when purchasing any product containing delta 8 that has not been approved by an official source in order to ensure compliance with all applicable laws and regulations.
With this in mind, understanding the current legal status of Delta-8 THC in Florida is imperative before engaging in any purchase or consumption activities related to it.
Is Delta-8 THC Legal to Sell in Florida?
Selling synthetically-derived Delta-8 THC products in the state of Florida is a subject to various regulations and restrictions. Currently, Delta-8 THC is legal in Florida but may be subject to age restrictions starting July 1, 2023 if Senate Bill 1676 passes.
The potential age restriction would mean that anyone under the age of 21 would have limited access to purchase these products from industrial hemp vendors or online vendors that are licensed by the state. Trace amounts of Delta-8 THC may also be found in some recreational cannabis products such as tinctures and vape shops, but anyone wanting to purchase them will need a valid medical card or certificate of analysis (COA).
This proposed legislation could significantly impact those who wish to legally sell Delta-8 THC products within the state.
SENATE BILL 1020. 581.217 STATE HEMP PROGRAM
In 2020, the State of Florida enacted Senate Bill 1020.581.217 which established regulations for hemp in the state, including defining hemp and hemp extract.
This bill outlines key provisions of Florida’s hemp program such as:
- Hemp is defined as containing no more than 0.3% delta 9 tetrahydrocannabinol concentration;
- Hemp-derived cannabinoids are legally permissible;
- Products made from hemp or containing hemp are legal for sale in licensed cannabis stores, gas stations, smoke shops and convenience stores; and
- Hemp is classified as an agricultural commodity.
The Senate Bill 1020. 581.217 State Hemp Program has set up a framework for regulating the sale of hemp products within the state and providing consumers access to these products without fear of legal repercussions.
It has also clarified the legal status of delta 8 THC in Florida by making it clear that certain forms of cannabis plant-derived products are allowed to be sold within the state with certain restrictions in place such as ensuring that they contain less than 0.3% Delta 9 THC concentration.
Is Delta-8 Legal at the Federal Level?
Raising questions regarding its legality, the legal status of Delta-8 THC at the federal level has been a source of uncertainty and confusion for many. The 2018 Farm Bill removed hemp from the Controlled Substances Act, which defined hemp as cannabis with less than 0.3% Delta-9 THC on a dry weight basis; however, it did not address the legality of any other cannabinoids or compounds in cannabis plants, including marijuana and nonpsychoactive Hemp-Derived Cannabinoids such as Delta-8 THC.
This minor cannabinoid is found in small amounts in both marijuana and hemp plants but can be specifically derived from hemp to produce high-quality products that do not contain intoxicating effects. As long as these products comply with all conditions set forth by the FDA’s authority, they can be legally sold within the United States. Many online shops have a selection of products ranging from vape products to consumable hemp products containing various amounts of Hemp-Derived Delta 8 THC.
Moving forward into recreational marijuana and tobacco legislation passing throughout Clearwater Beach this year, it will be important to ensure any hemp-derived product intended for sale within Florida meets FDA requirements so consumers are confident they are purchasing legal hemp products free from harmful chemicals or psychoactive substances.
Can You Buy Delta-8 in Florida?
Consumers in Florida have the option to purchase Delta-8 THC products from various locations, including physical stores and online vendors.
Many retail stores now offer hemp-derived Delta 8 THC products of high quality, allowing customers access to a plethora of cannabinoids that are not found naturally in cannabis plants.
Online vendors often provide concentrated amounts of delta 8 THC for medical use and recreational consumption, with most retailers providing cannabinoid content information on a dry weight basis.
Furthermore, those who possess valid medical marijuana cards may find further options for purchasing Delta 8 at dispensaries in the state.
Travelers to Florida should be aware that there is no universal law governing the sale and possession of hemp-derived delta 8 THC products throughout the United States; therefore it is important to review local laws before bringing any product into or out of the state.
Can You Travel to Florida With Delta-8?
Traveling with Delta-8 THC products into or out of Florida requires understanding the complexities of current federal and state laws. Currently, hemp-derived Delta-8 THC is legal in the state as long as it meets certain criteria regarding its weight, ingredients, and concentration levels. Consumers should note that although a purchase of hemp may be made legally within the state, it does not mean that shipping the product is allowed out of Hillsborough County due to different regulations enforced by various regulatory agencies.
Additionally, all purchases must include proof from a Certificate of Analysis (COA) demonstrating that the Delta-8 THC product was derived from hemp oil and not marijuana. Furthermore, local tax administrators have stated that they will take action against individuals who attempt to travel through their jurisdiction with hemp-derived Delta 8 oil without proper documentation such as a COA.
It is also important to keep in mind that while there are no restrictions on age when buying these products in Florida, other states may impose age restrictions and require proof of blood pressure or health condition before allowing purchase or use of any hemp-derived Delta 8 product. To avoid any problems associated with traveling between states with Delta-8 THC products, it is best to research applicable laws beforehand and ensure strict compliance with them so as not to run afoul of authorities.
What Are Minimum Age To Use Delta-8 THC Products?
In the wake of SB 1676, age restrictions on Delta-8 THC products have been implemented in Florida starting July 1st, 2023. According to this law, only individuals aged 21 and over will be allowed to purchase these products.
However, until the new regulations are in effect, there are no age restrictions for non-inhalable hemp products.
For those looking to use Delta-8 THC products legally in Florida, a Medical Marijuana Card may be obtained with an approved medical condition. Additionally, it is important for users to consult with their primary care physician or consider contacting one of the National Poison Control Centers for advice regarding usage and potential side effects before consuming any Hempobtained Products.
To ensure safety and quality assurance of hemp derived products, buyers should look for independent laboratory results certifying that the product has been tested on a dryweight basis and bears legal Tax Stamps indicating it is from a variety of quality hemp legally sourced from within the US.
Conclusion
The legality of Delta-8 THC in Florida is a complex topic. While it has been legalized at the state level, there are still restrictions on its sale and consumption.
Furthermore, it remains illegal at the federal level. As such, individuals must take care to ensure they are staying within the bounds of the law when using or buying Delta-8 products in Florida.
Check our online store for delta-8 products online.
It is important to remember that much like walking across a tightrope, one wrong move can have serious consequences with regards to Delta-8’s legal status in Florida. Therefore, it is essential to research and stay up-to-date on the latest developments in order to remain informed and safe when dealing with this substance.