The legal status of cannabinoids in the USA is always changing. The federal government has the power to create legislation for the whole country, but individual states can simultaneously rule themselves. This often causes great confusion in terms of which cannabinoids are legal and which ones are not, with Delta-9 THC being at the forefront of this debate.
Today, we want to figure out if Delta-9 THC is legal at the federal level and in Florida. As you are about to find out, there are a few nuances to be aware of that determine whether or not Delta-9 THC is legal in the state of Florida.
- Delta-9 THC is only legal if it is hemp-derived and present in concentrations lower than 0.3% (both federally and at the Florida state level).
- Florida has severe penalties for people who break Delta-9 THC laws.
- You can purchase Delta-9 microdose edibles in Florida.
Delta-9 and the Federal Law
According to the federal legislature, specifically the 2018 farm bill, any cannabinoids that are hemp-derived and contain less than 0.3% Delta-9 THC are legal. As you can tell, this puts Delta-9 THC itself in a very precarious position.
Firstly, for Delta-9 THC to be legal, it must be derived from the hemp plant, not the cannabis plant. Second of all, any product containing Delta-9 THC, such as an edible, must have less than 0.3% of it according to dry weight. This automatically means that Delta-9 THC cannabis flower, such as all of your favorite strains, is technically illegal in the United States.
Florida’s Delta-9 Laws
Florida state laws fall in line with the 2018 Farm Bill. Once again, Delta-9 THC is only legal if it is derived from hemp with no more than 0.3% THC.
Generally speaking, this means that Delta-9 cannabis flower is illegal in Florida, as in the USA across the board. This can get quite confusing because the cannabis flower that you smoke is generally Delta-9, so this is illegal.
However, products like vape concentrates, tinctures, and edibles may contain small amounts of Delta-9 THC, so long as it is less than 0.3% of the total weight.
Is Delta-9 a Controlled Substance in Florida?
If Delta-9 THC is derived from a hemp plant, and if a THC product contains less than 0.3% of it, then it is legal. However, technically speaking, Delta-9 THC is a controlled substance in the state of Florida.
Any product that contains over 0.3% Delta-9 THC by dry weight, be it an edible, flower, a tincture, or anything in between, is automatically considered illegal. Also, if the product in question contains Delta-9 THC that comes from a cannabis plant instead of a hemp plant, then it is also illegal.
In the grand scheme of things, Delta-9 THC is considered a controlled substance in Florida, and possessing it will carry legal consequences. Florida has a medical cannabis program. Anybody who qualifies for medical cannabis may purchase Delta-9 THC products as long as the concentration is under 0.8%. However, Delta-9 THC for recreational purposes is strictly illegal and punishable under the law.
Delta-9 Possession Limits in Florida
Medical marijuana is legal in Florida for patients who meet the qualifying conditions. However, recreational marijuana remains illegal in Florida and attracts punitive measures.
That said, hemp-derived Delta-9 THC is federally legal and is also allowed in Florida. As such, it has no possession limits. You can buy THC products in Florida as long as you are of legal age.
Final Thoughts: Is Delta-9 Legal in Florida?
Delta-9 THC is only legal in Florida if it is derived from hemp and contains less than 0.3% in dry weight concentration.
Where to Buy Delta-9 in Florida
If you do want to buy Delta-9 THC in Florida, you can do so as long as it adheres to the regulations as stated in the 2018 Farm Bill. This means that THC microdose edibles are fine. If you want to try some microdoses of Delta-9 THC in Florida, check out our selection right here at Botany Farms.