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Is Delta 9 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 cannabinoids in the USA is always changing. The federal government typically creates legislation, but individual states can also create laws. This often causes confusion in terms of which cannabinoids are legal and which ones are not, with Delta-9 THC being at the center of this debate.

Today, we tell you 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 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.

The legal status of hemp and its cannabinoid products in Florida has continued to shift over the past year, especially as it relates to Delta 9 THC. Under 2019 legislation, the state defined hemp extract as

a substance that is derived from hemp, is intended for human consumption or inhalation and is not greater than 0.3 per cent Delta-9 THC on a dry-weight basis.

These products, including Delta-8 – not to mention Delta-9 – were legal to sell in the state, as long as they met strict standards for testing, packaging, labelling and permitting.

But, recent legislation, especially SB 1698, has changed the landscape for cannabinoid products quite a bit. It defines ‘hemp extract’ differently and specifically bans products containing controlled substances, synthetic cannabinoids, Delta-8, Delta-10, and other THCs, and limits Delta-9 THC to no more than 0.3 per cent on a dry-weight basis, while adding a new (low) 5 mg ‘serving’ and 50 mg ‘container’ limit.

These stipulations represent a major shift in the Florida industry of hemp-derived products – manufacturers and business owners will need to adapt, which could mean phasing out certain product lines or adjusting their formulations and labels.

This could have negative implications of the Florida hemp industry as a whole – potential supply and demand shifts could follow.

With the law slated to go into effect 1 October 2024, whether you’re a business or consumer, you’ll want to stay abreast of developments. For consumers, especially those wanting to use Delta 9 edibles for health-related reasons, here’s what to keep in mind:

  • Delta 9 THC edibles are legal for medical use in Florida.
  • Recreational use of Delta 9 THC remains prohibited.
  • Legal for purchase by those ages 21 and over, with or without a medical prescription, hemp-derived Delta 9 THC gummies and seltzers must have under 0.3 per cent Delta 9 THC on a dry weight basis.
  • Compliance with federal law is maintained for hemp-derived Delta 9 products under these conditions.

Seeking a physician’s consultation is recommended prior to Delta 9 edibles medical use. Legal knowledge limits the chances of facing liability.As cannabinoids, such as Delta 9 THC, continue to gain legality, staying up-to-date with the latest changes in legislation helps navigate Florida’s legal waters.Delta 9 and the Federal Law

According to federal law, i.e., the 2018 Farm Bill, 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 in a very precarious position.

Firstly, Delta 9 is legal only if it's derived from hemp, not marijuana. Secondly, any product containing Delta-9 THC must have less than 0.3% by dry weight.

This automatically means that Delta 9 is the main determinant of what passes as a legal cannabis product.

Florida’s Delta 9 Laws

Senate Bill 1020, titled “State Hemp Program," became effective on July 1, 2019. In SB 1020, the Legislature states that hemp is an agricultural commodity and hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

SB 1020 amended the criminal definition of “cannabis” in s. 893.02, F.S., to exclude “hemp” or industrial hemp. SB 1020 is codified as Section 581.217, Florida Statutes, which defines Hemp as

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.

Therefore, hemp (total Δ-9 THC concentration of 0.3% or less) is legal in the state of Florida. See ss. 581.217 and 1004.4473, F.S.

At the moment, there are no such limits for any hemp-derived product – including for products containing CBD or Delta-8. In contrast to CBD and Delta-8, however, the legality of hemp-derived Delta-9 THC is capped as follows: you can legally acquire and sell hemp-derived products containing Delta-9 so long as they contain no more than 0.3 per cent of Delta-9 THC on a dry weight basis.

With that said, any hemp product used must comply with Florida’s laws and regulations. Note: In 2024, the Florida State Senate approved SB 1698 which, if enacted, would set caps on the milligrams of hemp-derived Delta-9 THC in certain products and would thus make Delta-8 THC illegal in Florida.

The bill is set to take effect in July 2024, but has not yet gone into effect. These sections of SB 1020 outline Delta-9 legality in Florida:

CS for SB 1020, 2nd Engrossed

Be it enacted by the Legislature of the State of Florida: 
 
Section 1. Section 581.217, Florida Statutes, is created to read:
 
581.217 State hemp program.— 

(1) CREATION AND PURPOSE.-The state hemp program is created within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. 41 s. 1639p.

(2) LEGISLATIVE FINDINGS.-The Legislature finds that:

(a) Hemp is an agricultural commodity.
(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.
(d) “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.

Is Delta 9 a Controlled Substance in Florida?

If it is derived from hemp with a THC concentration of less than 0.3%, it is legal. However, technically speaking, Delta-9 THC is a controlled substance in Florida, hence the concentration limits.

Fortunately, you can also access Delta 9 in Florida via the medical cannabis program. Anybody who qualifies for medical cannabis can purchase Delta-9 THC products as long as the concentration is under 0.8%. However, Delta-9 THC for recreational purposes is illegal.

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.

Delta-9 THC is only legal in Florida if it is derived from hemp and contains less than 0.3% in dry weight concentration.

What about Delta 10? Is it legal in Florida? Find out now!

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 of 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.

Some of our best-selling options include these Delta-9 Microdose Pineapple Gummies, our Botany Farms Blue Raspberry Microdose Gummies, and our Mixed Flavor Delta-9 THC Microdose Gummies.

You may also want to learn if HHC is legal in Florida given its growing popularity!

Sources used for this article:

  • https://www.congress.gov/bill/115th-congress/house-bill/2
  • https://www.fdacs.gov/content/download/88796/file/Senate-Bill-1020.pdf
  • https://mmuregistry.flhealth.gov/
  • https://www.flsenate.gov/Session/Bill/2019/1020/BillText/er/PDF


This article was last updated in March 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, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice, nor is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws for your state.

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