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 the Florida State level. 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.
Key Takeaways
- 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. First and foremost, 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 the hemp plant, and if the product in question does not contain more than 0.3% of it. 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?
This is both a yes and no answer. If the Delta-9 THC is derived from a hemp plant, and if the 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 in dry weight concentrations, whether this is 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, yes, Delta-9 THC is considered a controlled substance in Florida, and possessing it will carry legal consequences. Florida does however have a medical cannabis law. This states that anybody who qualifies for a medical cannabis license 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
There are possession limits for Delta-9 THC in the state of Florida, and they are as follows:- If you are found in possession of 20 grams of Delta-9 THC or less, it is considered a misdemeanor, with a maximum prison sentence of one year and a maximum fine of $1000.
- If you are found in possession of between 20 grams and 25 pounds of cannabis, it is considered a felony and is punishable by a maximum sentence of five years in prison and a maximum fine of $5000.
- If you are found in possession of between 25 and 2000 pounds of Delta-9 THC, there is a mandatory minimum sentence of three years, a maximum possible sentence of 15 years, and a maximum fine of $25,000.
- If you are found in possession of between 2000 and 10,000 pounds of Delta-9 THC, this is considered a felony and is punishable with a mandatory minimum sentence of seven years, a maximum sentence of 30 years, and a maximum fine of $50,000.
- If you are found in possession of 10,000 pounds of Delta-9 THC or more, this is considered a felony and is punishable by a minimum sentence of 15 years, a maximum sentence of 30 years, and a maximum fine of $200,000.
- There are then even far stricter and harsher penalties for the sale or delivery of Delta-9 THC.
