Is Delta-8 Legal in Florida? (Updated for 2024)

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 **Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and these substances can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

The legal status of cannabis and cannabis extracts in the United states of America is tentative, to say the least.

Because the federal government can make different laws than the state governments, sometimes cannabinoids are legal and other times not, varying between the federal and the state legislatures. Concerning Delta-8 THC; is it legal at a federal level? And at a state level like Florida? Is Delta-8 THC legal in Florida?

Key Takeaways

  • Delta-8 THC is legal at a federal level, so long as it contains less than 0.3% Delta-9 THC and is hemp-derived.
  • Recent legislative developments in Florida are poised to change the legal status of Delta-8 THC in the state.

A Brief History of Delta-8 THC Legality in the United States

The journey of Delta-8 THC's legality in the United States is a complex narrative, intertwined with the broader history of cannabis regulation. Delta-8 THC, a cannabinoid found in the cannabis plant, has been at the center of legal, scientific, and social debates, reflecting the evolving understanding and acceptance of cannabis and its derivatives.

Early Cannabis Regulation

If you want to know what Delta-8 THC is and where it comes from, you have to start with understanding the legal framework in the United States for regulating cannabis. Cannabis and hemp have been surrounded by prohibition laws in the US since the early 20th century. The first prohibition at the federal level occurred with the Marihuana Tax Act of 1937.

This law criminalised marijuana and was soon followed by the Controlled Substances Act (CSA) of 1970, in which marijuana is classified as a Schedule I substance, meaning that it’s considered to have high abuse potential and no accepted medical use, which essentially bans it from both usage and study.

The Emergence of Hemp and the 2018 Farm Bill

Courts started slowly to change the law with the growing awareness of industrial and medical uses of hemp. Hemp was distinguished from marijuana because the THC content of hemp, the form of tetrahydrocannabinoil found in all varietals of cannabis, could be low enough to avoid causing a psychoactive effect. Generally, this applied to cannabis cultivars containing less than 0.3 per cent of the most psychoactive form of the chemical compound of cannabis (Delta-9 THC). Such chemically-laden legalese was a meaningful distinction for growing a permissible crop.

When the 2014 Farm Bill was passed, the distinction between hemp and marijuana became so significant as to authorise programmatic research by states in hemp. The 2018 Agriculture Improvement Act, also known as the 2018 Farm Bill, is widely recognised as a real game-changer. This legislation de-scheduled hemp from its classification as a Schedule I controlled substance under the Controlled Substances Act and allowed the cultivation, transportation, possession and sale of commercial hemp for any use. This was written to allow hemp to become a commercially permissible crop with a THC content of less than 0.3 per cent on a dry weight basis.

Delta-8 THC's Legal Ambiguity

The compound is legally ambiguous because it is a psychoactive, yet less powerful, cousin of the most well-known of these compounds, Delta-9 THC. Delta-8 THC also appears naturally in cannabis plants, though at incredibly low concentrations, with researchers estimating that it comprises less than 1 per cent of cannabinoids in botanical cannabis.

Thanks to its absence from the 2018 Farm Bill – and the fact that other cannabinoids are a commonly derived from hemp – entrepreneurs and retailers rushed to fill the legal gap and sell Delta-8 THC products, with supporters claiming that because Delta-8 THC could be derived from hemp, it is also covered by the legislation.

State Responses and FDA Concerns

As a result, state-by-state regulations vary, with some states explicitly legalising Delta-8 THC while others have banned or restricted its sale and use, often due to public health concerns and a lack of research into its effects.

The regulatory organisations, the Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) have issued warnings and statements expressing general concern over Delta-8 THC products’ safety, marketing and labelling, though, as of early 2023, there has been no specific federal Delta-8 THC regulation from these or any other federal regulatory bodies.

The Future of Delta-8 THC Regulation

In the meantime, Delta-8 THC exists in legal limbo in the US, as legislators, regulators, industry and consumers hash out its status. Advocates for tighter regulations already call for transparent testing, third-party verification for quality control and clear labeling.

With an expanding field of cannabis research, and an increasingly favourable shift in public attitudes toward cannabis and its derivatives, it seems all but certain that the legal landscape for compounds such as Delta-8 THC will continue to change.

Delta-8 and the Federal Law

Because Delta-8 THC is legal under federal law, they can sell their product in states throughout the union. The 2018 Farm Bill – the federal law controlling the production and sale of cannabis and hemp – states that at the federal level cannabis extracts are now legal if they come from the hemp plant and the extracts contain no more than 0.3 comes from CBD sourced from the hemp plant, and none of it contains more than 0.3 per cent of Delta-9 THC, they are considered to be legal at the federal level.

Florida’s Delta-8 Laws

Recent legislative actions in Florida are set to redefine the legal landscape for Delta-8 THC. The Florida Senate has unanimously passed a bill aiming to ban Delta-8 products, including edible gummies, vapes, and joints that can create a psychoactive high.

This bill aligns with an identical House bill, which is also headed toward a full chamber vote. The proposed legislation seeks to exclude synthetic or naturally occurring Delta-8 and Delta-10 from being legally sold as hemp products, aligning state law more closely with public health and safety concerns.

Is Delta-8 a Controlled Substance in Florida?

With the pending legislation, Delta-8 THC is on the brink of becoming a controlled substance in Florida, marking a significant shift from its current legal status. This change reflects growing concerns over the safety and regulation of psychoactive hemp products.

Delta-8 Possession Limits in Florida

Should the proposed bills pass, possession limits for Delta-8 THC may be introduced, aligning with the state's efforts to regulate or ban the substance. The specifics of these limits will depend on the final version of the legislation.

Is Delta-8 Legal in Florida?

The legal status of Delta-8 THC in Florida is currently under review, with pending legislation that could ban the substance. This represents a departure from its previous legal status, where it was legal in alignment with federal law.

Final Thoughts: Is Delta-8 Legal in Florida?

The legal landscape for Delta-8 THC in Florida is changing, with legislation underway that could ban the substance. This shift reflects broader concerns over the safety and regulation of psychoactive hemp products. While Delta-8 THC has been legal under federal and state law, Floridians may soon see a new legal framework that restricts access to Delta-8 and similar compounds.

Where to Buy Delta-8 Online

Given the pending changes in Florida's legislation regarding Delta-8 THC, we recommend staying informed on the latest legal developments before purchasing Delta-8 products.

For those in regions where Delta-8 remains legal, Botany Farms continues to offer high-quality Delta-8 THC products. Check out our selection, including Delta-8 Blueberry Kush, Delta-8 THC Tropical Mix Gummies, and Delta-8 THC Vape Cartridges, while staying compliant with your local laws. Thanks for stopping by!

Sources used for this article:


This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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