Is Delta-8 Legal in Florida?

Is Delta-8 Legal in Florida?

Delta-8 is an extremely common substance found in your typical hemp-based products. Today, numerous online shops add this cannabinoid to different items. This allows buyers to include these products in their daily routine however they wish. Adjusting daily doses is also easy, with each product having its THC amount per serving listed.

If you live in the state of Florida, there is one question that probably won’t leave you alone as you are trying to start your Delta-8 journey: Is Delta-8 legal in Florida? Laws surrounding the consumption of Delta-8 can be quite confusing, as some sources might contradict each other with the information they provide.

With Florida having a bustling nightlife and gorgeous beaches, you’d think that Delta-8 would be legal – it only sprinkles more fun into one’s life. Still, it’s best to know the truth and not make assumptions if you want to stay on the safe and legal side.

In this article, we will go over the legality of Delta-8 in Florida.

Is Delta-8 Legal in Florida?

Well, we have some good news for you: at this point, Delta-8 THC is legal in the state of Florida. You can safely use, sell, distribute, produce and possess Delta-8 without any issues.

Back when the 2018 Farm Bill was released, there was a lot of confusion regarding the use of cannabinoids. The farm bill was signed into law on December 20, 2018, by former president Donald Trump. [1] This would legalize the use of hemp in the manufacturing process of different products. Still, the hemp should have less than 0.3% THC by dry weight. [2]

Therefore, on a federal level, products with Delta-9 THC are legal as long as the hemp used does not contain more than 0.3% THC.

However, things get more confusing when it comes to a cannabinoid like Delta-8 THC. That’s mainly because it does not occur naturally in the cannabis sativa plant. On the other hand, Delta-9 is more potent, and it also occurs naturally in hemp in higher amounts compared to Delta-8.

Since it’s hard to extract high amounts of Delta-8 THC from hemp, manufacturers must convert it chemically from CBD or Delta-9 THC. All of this happens through an isomerization process. [3]

The two compounds are also different in their chemical structure. Delta-9 has a 9th carbon atom with a double bond, whereas Delta-8 has an 8th carbon atom featuring a double bond. [4]

All of these differences might make it difficult to figure out the legality of Delta-8. But as long as Delta-8 products have 0.3% THC or less, they are perfectly legal if your state allows their consumption.

While some states have decided to ban the use of Delta-8 THC, Florida is not one of them. For now, you do not have to worry if you buy and use Delta-8 products in the state.

Are All Types of Delta-8 Legal?

While Delta-8 is legal in Florida, there is something you should know – not all types of Delta-8 are allowed for sale, use, possession, manufacturing, and distribution. Only hemp-derived Delta-8 is legal if it meets all the requirements.

Hemp was classified as an agricultural commodity by the Farm Bill in 2018. So, any farmer is allowed to grow their own hemp and sell it for whatever reason they want.

If the Delta-8 comes from marijuana instead of hemp, things change. Marijuana is not legal in Florida. In fact, you can get in trouble if you are caught with marijuana. Even small amounts are enough to end up with a fine and jail time.

When you are found with less than 20 grams of marijuana in your possession, it is considered a misdemeanor. You will face a fine of $1,000 and up to 1 year in jail. [5]

Conversely, if you are caught possessing over 20 grams of marijuana, it is already a felony. You will have to pay a fine of $5,000 and go to jail for 5 years. If you go even further and possess over 25 pounds but less than 2,000, you can get a fine of up to $25,000 along with 3 – 15 years behind bars. [6]

So, products with Delta-8 THC must come from hemp and not from marijuana. Otherwise, they are breaking the law, and you would get in trouble by possessing and using them.

The only type of marijuana that is legal to some extent in Florida is medical marijuana. If you are dealing with specific conditions, doctors might prescribe marijuana to you. Some dispensaries offer medical marijuana products to individuals with a medical marijuana card. However, Delta-8 THC products will not be available in this case as this type of THC does not qualify as a medical marijuana product.

Where Can You Buy Delta-8 Products in Florida?

Delta-8 is easy to find. With the legal status in Florida, many shops sell products containing this cannabinoid. What’s even better is that you have a large selection of Delta-8 products to choose from, including oils, gummies, and more.

If you want to purchase safe and high-quality Delta-8 THC products, you can do so online. There are numerous hemp product shops that sell different Delta-8 products, so you can certainly find what you need.

The best thing about it is that buying Delta-8 online is extremely convenient. You don’t have to walk from one physical shop to another in your attempts to find the best product. Delta-8 is one click away – you just need to find the best shops.

The Internet allows you to find Delta-8 THC in products with different flavors, potencies, and formulas. This makes it easy to integrate Delta-8 into your lifestyle. It also enables you to consume a suitable amount of THC based on your experience and resistance.

With online shops, you can also buy bundles for better prices. What’s even better is that these websites offer discounts quite often, making Delta-8 more accessible at certain times of the year.

Although it is easy to purchase Delta-8 THC in Florida, you should also make sure to buy from trustworthy brands. Not all online sites have good intentions. Some try to tiptoe around the laws and sell illegal or unsafe products, only caring about the money they get in return.

Before ordering from any company, take your time to research them and make sure they comply with Florida laws. A reliable brand will be transparent about its practices and the ingredients used in the products. Moreover, they will offer third-party lab testing results for your peace of mind. Always make sure the Delta-8 THC is sourced from hemp.

·      Buying Delta-8 Locally

If buying online is not an option for you, then you can also purchase Delta-8 locally in Florida. Various stores offer Delta-8 products – you just need to know where to look. Searching for locations on Google will tell you which stores are closest to you. This way, you might be able to find pictures of the place, reviews from customers, and perhaps even a website where you can see what products they have to offer.

Although you can buy Delta-8 locally, it’s not always recommended. This is mainly because some of these stores don’t have deep knowledge about this cannabinoid and will have no idea whether Delta-8 THC is high-quality or not in some cases. Therefore, before you spend money on Delta-8 in your area, you should proceed with a lot of care.

Tips for Buying Delta-8 Products in Florida

Have you decided to start using Delta-8 THC? If that’s the case, there are some things you should keep in mind for your own safety and peace of mind. Here’s how to make sure you buy the right Delta-8 products in Florida:

  • Check for Lab Reports: Any reputable brand will have lab reports available for their products. When you are checking particular items, look on that page to see if the company included any lab reports. Read them to make sure the product is safe before you buy it. Laboratories will do a proper analysis of the product’s content to see whether it contains any bleaches, heavy metals, mold, pesticides, and other contaminants. Simultaneously, it will look for the potency of Delta-8 and Delta-9. [7]


  • Consider CO2 Extraction Products: If you want to stay safe when using Delta-8 THC, look for CO2 extraction in the products you purchase. This method does not use high temperatures or bad solvents but goes for a pressurized natural element instead. This way, it maintains more purity. [8]


  • Look for the Source of the Hemp – First of all, you should make sure the product comes from hemp and not marijuana. Secondly, ensure that the hemp was grown in a healthy environment, as hemp bioaccumulate. This means that it can absorb any substance from the environment it lives in, even toxins. [9] US-grown hemp is the best option in this case if you want your hemp products to be free of pesticides and other toxins.


Can You Travel to Florida with Delta-8?

Anyone who wishes to travel with Delta-8 THC products to Florida can breathe a sigh of relief – it is perfectly legal to do so. But of course, you must make sure the Delta-8 has less than 0.3% THC and is derived from hemp and not marijuana.

You can also ship Delta-8 products to and from Florida. But before you do so, it’s crucial to have all your documents ready. You know that the Delta-8 product you are transporting follows the law, but the Florida authorities will not know unless there’s proof of that.

So, if you intend to enter the state with any hemp plant material, you should send a landing bill that includes these details:

The name and address of the receiver and the shipper

State and place of origin

A description of the plant products that are being shipped

The shipment’s final destination

Ideally, you should also include a Hemp Cultivation License Number copy of origin. A Certificate of Analysis that shows the THC content will help as well.

What Do We Know About the Future of Delta-8 THC in Florida?

For now, Delta-8 is legal in Florida. But laws change all the time, so it is hard to tell whether this legal status will be maintained. At the moment, there is no news on upcoming legislation meant to change the status of this cannabinoid in Florida. So, it is still safe to consume. What’s even better is that a press statement from not too long ago clearly stated that all extracts from hemp have legal status as long as they do not exceed the 0.3% THC limit.

However, it is still a good thing to keep an eye on the news for any potential changes in the law. There are figures arguing the safety of Delta-8 THC, especially due to some of it being produced synthetically from CBD. So, they might try to get it banned. For your own safety and to make sure you do not break the law, you should check the legal status of the compound now and then.

The Bottom Line

Now you know the legal status of Delta-8 in Florida. You can rest assured that Delta-8 is legal in the state if it has less than 0.3% THC and comes from hemp and not marijuana. To buy legal products, you should carefully research the brands and the Delta-8 products they have to offer. Ensure they are trustworthy and that they test their products with third-party labs. Moreover, look up the laws surrounding this cannabinoid to make sure the laws don’t change. Other than that, you can enjoy the compound and the benefits it offers.