Is CBD Legal in Florida? The Sunshine State’s CBD Laws

Is CBD Legal in Florida?

Posted on January 11th, 2021

The legal status of CBD in Florida has been a subject of debate for a while after Donald J. Trump signed the U.S. Farm Bill into law back in 2018. The law was clear on the freedom when it comes to selling industrial hemp. However, the isolation of cannabis blows hot and cold in the mind of every Floridian. It became a heated debate when a particular North Carolina woman got arrested in Florida for possessing a bottle of CBD oil. That occurred back in 2019.

However, according to recent research, CBD oil seems to have lots of diverse uses. It can apparently address anxiety, pain, seizures, and work as an anti-inflammatory. With the on-going research on CBD oil, new uses for it seem to pop-up overnight. The best option for you to get CBD oil products in Florida is, more often than not, to buy them online. You can also buy locally if you so choose; there are a lot of brick-and-mortar stores around for that.

This article will examine the laws surrounding marijuana in this state of Florida.

Is CBD Legal in Florida? The State Laws and Regulations

Florida is the southeasternmost U.S. state, with the Gulf of Mexico on one side and the Atlantic on the other. The state possesses hundreds of miles of beaches. What’s more, the city of Miami is well-known for its notable arts and Latin-American cultural influences. Also, due to its famous nightlife, particularly in upscale South Beach. There are also many famous theme parks in Orlando, such as Walt Disney World.

However, the question – is CBD legal in Florida? This is what we will address. As of now, the law is still unclear regarding CBD in this state of Florida. The enactment of the hemp bill (SB 1020) enabled Floridians to use CBD. As mentioned, back in 2019, a particular North Carolina woman got arrested for possessing a bottle of CBD oil. The topic of CBD’s legality has always been a debatable issue in the state, but this case took the debate to a different new level.

The Florida governor later signed a new bill in 2019 that enabled industrial hemp’s growth. Although it was a huge victory for farmers, the law featured a limitation. It primarily limited the THC level a CBD product could have to about 0.3%. Therefore, as a general rule, provided the THC level remains below 0.3%, you can legally buy, trade, and sell CBD. When it comes to purchasing CBD, this could happen in a few ways. Generally speaking, the state has been very kind with online stores that sell CBD.

Selling hemp-derived CBD online is very much legal in Florida. The product just needs to have its THC level within the legal limit. If for any reason you are looking to purchase marijuana-derived CBD, however, it must adhere to the medical marijuana standard.

What Are the Requirements for Doctors?

Medical professionals in Florida need to take a two hour training course that will certify them to actually prescribe CBD. That means that doctors may face jail time if they prescribe CBD products to people without taking the training course. Same thing with people who buy the compound without the prescription of a certified doctor.

Is CBD Legal in Florida? - hemp fields

Is CBD Legal in Florida? FDA Regulations on CBD Labeling

According to the Farm Bill of 2018, the FDA regulates CBD product’s labeling. According to their rules, manufacturers cannot advertise CBD as a cure for any kind of ailment.

More often than not, the FDA has a stringent ruling on medical advice and health claims that go on the label of a particular CBD product. The FDA set regulations on products containing hemp, as well as hemp-derived CBD products. What’s more, the Farm Bill enables the state to control and even ban CBD production and commerce associated with it. The regulation even goes a step further to regulate CBD food, dietary supplements, cosmetic products, and beverage.

However, despite the Farm Bill, the FDA still forbids adding hemp-derived CBD to drinks and food. The FDA is currently thinking of re-evaluating some of its stances when it comes to CBD products, so stay tuned.

The Laws on CBD & THC

Generally, the 2014 SB 1030 enables the legalization of relatively low-THC CBD oil to approved medical marijuana patients. These patients should be on the state program record in order to have access to CBD. It was later in 2016 when voters supported Amendment 2, which broadened the medical marijuana program. Gov. Ron DeSantis later signed and passed SB 182 back in 2019. As of now, each Floridian registered medical marijuana patient access products with high levels of CBD and THC.

In July 2019, some essential changes happened to the already approved CBD laws with the introduction of introducing SB 1020. It defined legal hemp as hemp consisting of less than 0.3% THC by weight, the actual federal standard for hemp. It would otherwise be considered illegal. What’s more, the CBD laws in Florida now allowed hemp extraction, describing CBD oil products as the substance obtained from legal hemp plants. The most important part is that it’s legalized CBD and stated that hemp-derived cannabinoids aren’t controlled substances.

Is CBD Legal in Florida? Florida CBD Possession Limits

The state hasn’t set any limits regarding how much CBD one person can hold at any given time. Medical marijuana patients with a prescription can buy and have up to four ounces of cannabis from state-licensed dispensaries.

Is Hemp Legal in Florida?

Undoubtedly, with so many terms like CBD, marijuana, cannabis, and hemp, people can get really confused. Do they all mean the same thing? Are Florida CBD laws also used with hemp-based products? And is CBD hemp legal in Florida?

As you might know, (CBD) may come from two sources: marijuana and hemp. However, it is worth noting that CBD hemp oil has relatively lower THC concentrations than marijuana-based CBD. In fact, although Florida CBD laws allow the use of hemp-based cannabidiol products, they don’t allow marijuana-based ones. Primarily, this is because hemp products contain less than 0.3% THC. On the other hand, marijuana products may comprise up to 15% THC. That is enough to get you ‘high’ when you consume it.

Companies may sell hemp-derived products to Florida residents provided they undergo testing in an independent lab. In short, this will confirm that the products comprise no more than 0.3% THC, as prescribed by the above CBD laws. Furthermore, it verifies the absence of harmful additives within the product.

Is CBD Legal in Florida? How Can You Get It?

When it comes to restrictions, the state of Florida has little. In fact, a medical marijuana patient may get up to four ounces of cannabis from ordering online or from dispensaries. But all marijuana patients must have the physician’s recommendation to buy it; else, their orders will not proceed. With this purchase model, the state has few limitations on businesses that may sell CBD and CBD-based products. In case you want to avoid the hassle that comes with offline shopping, you could get a CBD product online from brick-and-mortar shops.

It would also be great to always check out some details when purchasing CBD. For example, see the ingredients list to check out if there are any harmful compounds within the product. Some chemicals like heavy metal might cause some issues if you don’t consult a doctor’s guidance. So, where do you buy CBD in Florida? As said before, the best option for getting CBD oil products in Florida is often to buy them online. Yet, there also are lots of local places that carry CBD oil in-store.

What Does Hemp Cultivation Involve?

Typically, to cultivate and process hemp, all owners must adhere to the rules outlined in SB1020. In case a farmer wishes to grow hemp and perform the extraction in the field, they should first apply for a license from the state. Afterward, each of your hemp products will undergo testing by a licensed independent laboratory. What’s more, farmers should ensure that the CBD’s THC levels remain below 0.3%, which the lab’s test will confirm.

Is CBD Legal in Florida? – The Takeaway

You are in luck since tourists and residents can legally buy hemp-derived CBD in Florida. In other words, CBD is a legal substance in Florida. On the other hand, medical marijuana has a different set of limitations. People who need to use medical marijuana in Florida must have a qualifying condition and be part of the Medical Marijuana Program.

Therefore, Florida CBD laws are generally on your side if you are looking for hemp-based CBD when in the state. The CBD oil industry can be challenging to navigate because of its currently somewhat loose regulations. It would be best to purchase online to get the best products at a fair price!

Once you educate yourself on the laws and regulations surrounding marijuana and hemp products, you won’t have any problem tracking down a reliable supplier for all your CBD requirements in Florida.

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