Is Delta 8 THC Legal In Florida?

Is Delta 8 THC Legal In Florida?

| Spencer Beaudreault

CBD and Delta 9 THC have been championed for years for their proposed health benefits and various effects. They are by far the most popular, most talked about, and most utilized cannabis-based compounds in existence. The push for federal legalization of cannabis and the legalization in several states over the past decade has led to further research on both substances, as well as several lesser known compounds found within the cannabis plant. Researchers are thoroughly investigating the potential benefits, effects, and specifications of what could be well over 100 separate compounds found within cannabis, also commonly known as cannabinoids.

As such, if you’ve read anything about cannabinoids within the past couple of years, you may have stumbled upon several other compounds found within cannabis that are quickly gaining popularity. Lesser known cannabinoids such as CBN and CBG are quickly gaining supporters for their own non-psychoactive properties that have been alleged to help with such issues as digestive disorders, trouble sleeping, and basic pain management. The main lesser known cannabinoid that is quickly growing in popularity, however, would be delta 8 THC.

Delta 8 THC has been referred to by many as a milder form of Delta 9 THC. Like delta 9 THC, delta 8 is psychoactive and will produce effects that can be compared greatly to delta 9 THC, known colloquially as simply THC. Delta 8 is found naturally occurring within the cannabis plant, albeit generally in much smaller quantities than that of delta 9 THC. Delta 8 THC is often marketed to individuals who have experienced anxiety from the use of delta 9 THC, as delta 8 effects are generally less intense than that of a comparable dosage of delta 9 THC. Make no mistakes about it however, delta 8 THC can be intoxicating depending on the dosage as well as specific user.

Delta 8 gummies

The growing popularity of Delta 8 THC has not gone unnoticed by supporters of medical and recreational marijuana, head shops, and as of recently, state legislation.

This brings us to one of the biggest questions in relation to delta 8 THC:

Is delta 8 legal in Florida? What are the specific delta 8 Florida laws stating on the cannabinoid, and is the delta-8 Florida legislation expected to change anytime soon? What are some delta-8 Florida laws that you should know before you begin your search for this newly famous cannabinoid if you live in the Sunshine State?

These are questions that have a lot of explanations and require a vast amount of research. As cannabis is still illegal on a federal level and only legal in Florida for medical patients, delta 8 THC remains in a murky gray area for users. Below, we will discuss further specifics on what delta 8 really is, the cultivation and use of delta 8, and the specifics on Florida delta 8 THC laws.

Let’s begin:

map of florida with red pin


What is Delta 8 THC?

As previously mentioned, delta 8 THC is a naturally occurring psychoactive compound found within the cannabis plant. It is a minor cannabinoid, which means that delta 8 THC is not found in abundance within the plant. Instead, small amounts of delta 8 THC are found within the plant at various stages of growth and maturity. Unlike it’s cousin cannabinoid delta 9 THC, delta 8 has yet to receive the same level of legislative control. However, within the last two years several states have issued bans or other regulations in direct reference to the growing popularity of delta 8 THC. Despite the recent crackdown on a state level of delta 8 THC, the compound was federally legalized in 2018 through the Farm Bill. The Farm Bill essentially provided hemp cultivators with the ability to sell several cannabinoids more freely, including both CBD as well as delta 8 THC. This effectively lowered the prices of CBD oil and allowed delta 8 to gain mainstream attention from consumers. Suddenly, the market for delta 8 THC grew exponentially, virtually overnight. Now, delta 8 THC can be found everywhere from gas stations and convenience stores to head shops and online stores.

This bill, however, has been challenged by various states who have created their own regulations and, in some cases, outright bans on delta 8 THC.

Delta 8 THC is generally much lower in potency than that of delta 9 THC. Chances are, you won’t feel the same level of effects when comparing a similar dosage of delta 8 THC to delta 9 THC. As previously mentioned, delta 8 THC commonly marketed towards individuals who have experienced anxiety when using delta 9 THC. Many who have used delta 8 THC have described the effects as quite similar to those commonly associated with delta 9 THC, except with less of a head fog. Many individuals in fact prefer using delta 8 products to traditional delta 9 products for these very same reasons.

delta 8 thc plant

So, if delta 8 THC is able to be sold due to the Farm Bill of 2018, and consumers are stating that the effects are comparable to delta 9 THC, what do these regulations mean? How can delta 8 both be illegal or otherwise restricted in some areas but purchased with little to no restriction in others?

This is where the state laws come into play.

Certain states seem to view delta 8 THC as if it is the same compound as delta 9 THC. There are key differences between the two cannabinoids however, although they are very strongly related. Some state legislators have even presented the argument that by allowing the free use of delta 8 THC, they would be allowing their state to fall down the slippery slope that leads to legal cannabis, an issue that others say isn’t really an issue at all!

Whatever the reason is, multiple states are in the process of cracking down on this newfound delta 8 market.

And the states that are doing so may come as a bit of a surprise.


Florida Cannabis Laws

At the time of this writing, the state of Florida has yet to legalize the recreational use of marijuana. Instead, like many other states, Florida does offer a medical marijuana program for qualifying patients for a wide variety of disorders, aches, and ailments. Such ailments as Crohn’s disorder, anxiety, those suffering from cancer, and other ailments are seen as qualifying conditions within the Sunshine State. It is still unlawful to possess cannabis without a medical card, and medical patients are not authorized to cultivate, manufacture, or distribute cannabis or cannabis products.

This sort of law-jargon limbo that cannabis seems to find itself in does not always play a factor in the legalization of delta 8 THC, however. States like Colorado and Alaska, for example, have legalized cannabis for recreational use but at the same time have regulation or bans on the use of delta 8 THC products for reasons that are unclear.

As for the Florida delta 8 laws, however, they have not been altered since the passing of the Farm Bill. Florida delta 8 laws have remained unchanged so far. Delta 8 Florida law dictates that the compound is available for sale to individuals aged 21 or older.

florida cannabis law book

Delta-8 Florida suppliers are free to sell delta-8 products such as gummies, capsules, oils and distillates, as well as within disposable vaping devices. In fact, there are numerous delta-8 Florida suppliers currently in existence, and many smoke shops have openly stated that delta-8 THC has quickly become one of their most sold items.

So, is delta 8 legal in Florida at this time? Yes.

Is delta 8 legal in Florida on a more permanent level, similar to cannabis in recreational states? Perhaps not. With growing popularity comes further talks of regulation. We can’t exactly predict the future of whether or not delta-8 Florida laws will change, so instead it is advised that if you are living in the state of Florida or any state for that matter, you must ensure that you are educated on the latest laws in regards to delta-8.

For now, however, delta 8 Florida consumers are free to purchase and consume delta 8 in a safe manner. 

Like all substances, this experience will vary from person to person, so be sure to consult with your doctor and research your delta 8 products diligently before using these products.

Only time will tell whether delta-8 will remain legal or face further restriction.

Right now, the answer to the question, “is delta-8 legal in Florida” is a resounding yes! We’ll keep our fingers crossed and our voter registrations handy just in case though.


Spencer Beaudreault

Spencer Beaudreault is the Founder of Hero Brands, a Business Development & Marketing Expert, and a lifelong advocate & user of cannabis, hemp, & plant-based alternatives.
Tags: Delta-8