2021 Update:
CBD and hemp are legal to both cultivate and consume for anyone over the age of 18.
A legalization proposal (SB 710/HB 343) has been introduced in 2021. The legislation will allow adults 21 and older to possess up to 2.5 ounces of smokable cannabis if purchased from a licensed retailer.
The plan would also eliminate the state’s vertical integration requirement that applies to medical cannabis businesses and allow people with past convictions for certain low-level cannabis crimes to petition the court for expungement.
Original Post:
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Florida Hemp Laws and the legality of CBD in Florida, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Florida
Is Full Spectrum CBD Legal in Florida?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Prior to passing SB 1020, CBD in Florida was in a gray area. The law has now clarified that full-spectrum CBD products under 0.3% delta-9-THC are legal.
Is It Legal to Ship PCR Hemp Oil to Florida?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Florida?
In years passed, Florida CBD retailers existed in a gray area. With the passage of SB 1020, CBD retail stores can now legally operate as long as they comply with state law. CBD and hemp products can also be purchased online and shipped to Florida residents.
Do you need a special license to purchase PCR Hemp Oil in Florida?
You don’t need a special license to purchase CBD hemp oil (all types) in Florida, only to grow, test, or sell products.
How Does Florida Legally Define Hemp?
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.
Florida SB 1020
Growing and Selling Hemp in Florida
Florida hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow.
Retail Hemp and CBD products must comply with Florida hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
In addition to Florida state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Florida state hemp laws allow for many CBD products:
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Hemp topicals
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Florida-Specific CBD Laws
Florida has very strict labeling requirements for CBD and hemp products. CBD and hemp products produced in Florida and sold in Florida CBD stores must meet the following requirements to be legal:
(a) Has a certificate of analysis prepared by an independent testing laboratory that states the extract is the product of a batch tested by the lab, containing less than 0.3 percent THC and free of unsafe contaminants; and
(b) Is distributed or sold in packaging that includes the following:
1. A scannable barcode or quick response code linked to the product’s certificate of analysis;
2. The batch number;
3. The Internet address of a website where batch information may be obtained;
4. The expiration date;
5. The number of milligrams of hemp extract; and
6. A statement that the product contains a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.
Shortt, D. 2019 11 Aug. Hemp-CBD Across State Lines: Florida. Harris Bricken.
