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Is CBD Legal in Florida? CBD Laws 2022

Is CBD Legal in Florida? CBD Laws 2022

From CBD oils and vapes to dog treats, the sunshine state was an early adopter of the federal push for CBD legalization. In 2019, Florida legalized CBD that adhered to the federal limit of 0.3% THC concentration.  

In Florida, consumable CBD products and topicals like oils and tinctures that contain the specified amount of THC can be purchased and used legally by anyone over the age of 18.

The 2019 bill designates the Florida Department of Agriculture and Consumer Services (FDACS) as a regulatory body and puts forth two rules: 5B-57.01 F.A.C and 581.217(7), F.S. that outline lawful production, consumption and distribution of CBD and hemp products.  

CBD Laws in Florida: What You Need to Know

CBD products have been legal in Florida since 2019 under proper distribution regulations outlined in rule 5B-57.01 F.A.C. and rule 581.217(7), F.S. 

Rule 5B-57.01 F.A.C. regulates cultivation and distribution and indicates the following:

  • Cultivation limitations – Only producers are allowed to cultivate hemp on marked lots with a license from the FDACS. Specific stipulations for harvesting are outlined by FDACS. Home growing is not permitted. However, one loophole does allow a small number of registered nurseries on residential property. 
  • Testing regulations – Producers must comply with the FDACS, which sends representatives to collect samples within 15 days before harvest in order to test for THC concentrations. 
  • Interstate movement requirements – All transported cannabis must have a Certificate of Analysis indicating THC content and a bill of sale that indicates shipper, consignor, physical addresses and plant descriptions. Additional requirements apply to nursery stock and live plants. This protocol includes hemp products shipped through the postal service.

581.217(7), F.S.  Indicates that CBD and other cannabinoids extracted from the hemp plant can be legally sold and distributed in Florida if the product meets the following requirements: 

  • Personal possession – Consumers are not required to have a license or permit for hemp possession.
  • Age requirements – As of 2020, anyone over the age of 18 may purchase or use hemp products that meet the designated requirements for consumption or application. For CBD inhalants, consumers must be 21 years old or over. 
  • Retail permits – Any establishments and manufacturers that prepare or sell pre-packaged food containing CBD or hemp extract for human consumption must obtain a Hemp Food Establishment Permit through the Department of Agriculture and Consumer Services, Division of Food Safety. Street sales and unlicensed vendors are not permitted.
  • Label requirements – CBD product labels must note that the product was tested by an independent lab, that the batch contains 0.3% or less THC and that it does not contain dangerous contaminants. If the CBD is mixed with dairy, the product must be labeled as Substitute Milk or Substitute Milk Products. 
  • Package requirements – Packaging of hemp products must include a scannable barcode or link to a COA completed by an independent lab, a batch number, a website address to obtain further product information, an expiration date, milligrams of hemp extract and a statement that the product contains 0.3% or less THC. Consumers are not required to maintain the original packaging. 
  • Inhalant regulations – While the sale of CBD and hemp vape products are permitted and smoking or vaping hemp is not illegal, a 2020 amendment limits the sale of hemp extract intended for inhalation to those over the age of 21. 

Is CBD Legal in Florida?

The 2018 Agricultural Improvement Act, or the Farm Bill, catalyzed the state of Florida to legalize cannabis in 2019. Senate Bill 1020, also titled the “State Hemp Program” went into effect on July 1, 2019 and distinguished hemp as an agricultural commodity. 

Subject to the federal stipulation of a cannabis Sativa product with 0.3% or less THC, the senate bill removed hemp or industrial hemp from its criminal definition of cannabis. In 2019 smokable marijuana without regulated THC content was also made legal for certified medical patients.

In the same year, House Bill 7107 rescheduled drug products approved by the U.S. Food and Drug Administration that contain cannabidiol (and less than 1% THC) from Schedule 1 to Schedule 5 drugs, a low class reserved for prescribed medications. 

Can I Buy CBD in Florida?

If you’re over the age of 18, you may purchase and enjoy CBD products under Florida’s palms. However, as of 2020, the sale and use of CBD inhalants are limited to those over 21 years of age. Consumers may find CBD oil legal in florida at the local market or identified boutiques. 

Buyers will want to do their due diligence when purchasing oils or topicals. Regulated by the Florida Division of Business and Professional Regulation, there is currently no retail license required for non-consumables if products are sold in their original packaging. 

Can I Buy CBD Online?

Of course! Online consumerism is a quick and simple way to stock up on some CBD products. Websites and online platforms also make it easy to confirm quality retailers and certify products are third-party lab tested. 

At both a federal level and within Florida, online retailers will likely adhere to the 18-year-old age requirement for consumers. 

In Florida, packages are required to contain certificates that verify their THC content is under 0.3%. Brands like Zebra CBD provide scannable barcodes that allow easy access to test results, which also allow you to confirm the quality of your product. 

Can I Buy CBD at a Dispensary?

Florida residents may choose to purchase CBD from a dispensary. Reputable dispensaries will have Hemp Food Establishment Permits that can be confirmed upon request. 

If you’re looking for CBD in the form of a vape or other inhalant, you’ll need to be over the age of 21 to purchase. 

Legal Status of CBD in Florida 

Is CBD oil legal in FL? In Florida, consumable CBD products and topicals like oils and tinctures that contain the specified amount of THC can be purchased and used legally by anyone over the age of 18, though inhalants are reserved for those over 21. 

However, as more individuals apply for permits and the CBD industry grows, these rules and stipulations will continue to fluctuate. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Florida?

Yes, CBD products are legal in Florida when sold by licensed cannabis retailers.

2. How old do you have to be to buy CBD in Florida?

You must be over the age of 18 to purchase CBD products for consumption or application. However, inhalants are regulated to those over the age of 21. 

3. Can I sell CBD products in Florida?

All CBD products can be sold in Florida. While the sale of consumable CBD items requires a permit, the sale of CBD oils and topicals is yet to be regulated. 

Source: 

The Florida Department of Agriculture and Consumer Services, Office of Agricultural Law Enforcement. Hemp and CBD Information [Florida] For Law Enforcement. https://www.fdacs.gov/content/download/94417/file/hemp-and-cbd-information-for-law-enforcement.pdf

The Florida Department of Agriculture and Consumer Services. Florida Hemp Permit FAQ. https://www.fdacs.gov/content/download/93397/file/florida-hemp-permit-faq.pdf