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Is Delta-9 THC Legal in Florida? Yes, With Restrictions

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Is Delta-9 THC legal in Florida? Turns out, the Sunshine State’s relationship with Delta-9 THC is… complicated.

While you can’t exactly light up a joint on the beach (yet), there’s some good news if you like to get high and you live in Florida. As of 2018, hemp-derived cannabis products, including those with Delta-9 THC, became totally legal in Florida—as long as they contain 0.3% Delta-9 THC or less on a dry weight basis.

The 2018 Federal Farm Bill made the distinction between hemp and marijuana, and made hemp-derived products with less than 0.3% Delta 9 THC legal nationwide. But Florida actually passed a separate bill in 2019 affirming this decision. Senate Bill 1020, which legalized hemp and its derivatives in Florida, was the state’s way of making it clear to everyone that they were cool with the new federal hemp laws.

Now, you might be wondering, “Wait, what’s the difference between hemp and marijuana?” It’s a great question, with a very important answer- anything with more than 0.3% Delta-9 THC by dry weight is considered marijuana and is still illegal in Florida (unless you’ve got a medical marijuana card). Anything with 0.3% Delta 9 THC or less is officially considered hemp and is totally legal as long as you’re over 21.

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Ultimately, the difference depends on the concentration of Delta 9 THC in the plant. Which makes total sense, since Delta 9 THC is the main part of the cannabis sativa L. plant that gets you high.

While hemp-derived products do contain lower amounts of THC compared to marijuana, you should know you can get the same psychoactive effects with hemp products too. (Yes, really.)

This means that even legal hemp products have the potential to cause a “high.”

For Floridians who want to try Delta 9 products within the legal limits, there are lots of convenient options available. For example, you can get Cheech & Chong Delta 9 gummies and THC drinks delivered straight to your door. Even our THCa flower is 100% legal in Florida, no medical card required.

Delta 9 Legal Requirements – The Fine Print

Now that you understand the basics of the laws in Florida, do you want to get into some of the finer details?

Are you sure?

Are you sure you’re sure?….Cause it’s kind of a long one.

Okay, you’ve been warned. Hope you brought a snack…

In Florida, hemp-derived cannabis products are playing by some pretty specific rules.

If a product has 0.3% Delta 9 THC or less by dry weight, it’s considered legal hemp and can be sold to anyone who’s 21 or older.

But anything over that 0.3% THC content mark is considered marijuana territory, and can get you into real trouble unless you’ve got a medical card. (Don’t worry, we’ll dive into those possession laws later.)

Florida Statute 581.217 explains even more specifics on how hemp is allowed to be grown and manufactured in the state, including what types of seeds farmers are allowed to use, what licenses they need, and the specifics for selling hemp and hemp extract. Don’t worry, you don’t need to know the specifics on which hemp seeds are legal in Florida… Just know that we do.

But some of the highlights are making sure all products are tested for safety, making sure they’re properly labeled, and only selling to people 21+.

Cheech & Chong take this part very seriously. We’re not just slapping a label on some gummies and calling it a day.

Every product we sell carries a QR code that will show you a Certificate of Analysis from an independent lab. That means you can see exactly what’s in our products, down to the last milligram of THC.

We’re all about transparency, quality, and keeping things legal. So when you buy from us, you’re not just getting Delta 9 products – you’re getting peace of mind.

Informational graphic titled "Delta 9 is legal in Florida" explains that hemp extract containing Delta 9 can be distributed if tested by an independent lab, contains less than 0.3% Delta 9 on a dry-weight basis, and is free of unsafe contaminants. Colorful products shown.

Now, let’s talk about hemp extract for a second. In Florida, it’s defined as something you can eat or inhale that has a small amount of cannabinoids in it, but doesn’t contain any controlled substances.

Sounds simple enough, right? Again, not quite.

According to state laws, hemp extract products need to jump through a few hoops:

  • They’ve got to come with a certificate of analysis (COA) from an independent lab. This COA needs to list the Delta 9 concentration and confirm the product isn’t hiding any contaminants.
  • These products need to be made in facilities that follow strict health and food safety rules.
  • The packaging needs to have a code linking to the COA, the batch number, a website with all the batch info, when it expires, and how many milligrams you’re getting per serving.
  • Last but not least, the container needs to be a fortress against light and heat (THC’s worst enemies), and it can’t look like something that a child might mistake for candy… No one wants their toddler getting into the wrong gummies.

Medical Marijuana Is Legal in Florida

Okay, we’ve covered recreational hemp in Florida, but what about medical marijuana laws?

Thanks to Statute 381.986, Floridians with certain health conditions can legally use marijuana for medical purposes. But don’t go calling your family doctor just yet – all medical marijuana prescriptions need to be signed by a specifically qualified physician who’s been trained in medical marijuana.

The list of conditions covered under this law includes some heavy hitters like cancer, epilepsy, glaucoma, PTSD, Crohn’s disease, and multiple sclerosis. But the law also covers other “comparable” conditions, leaving some wiggle room for patients with severe symptoms.

Regardless of the condition, a prescription for medical cannabis in Florida comes with some pretty strict limits in place.

Physicians can only prescribe up to three 70-day supply limits of marijuana. Unless, of course, you plan to smoke the marijuana, in which case that changes to six 35-day supply limits. In other words, getting a prescription for pot in Florida is not exactly a free-for-all.

And if you’re curious about dosage, Rule 64ER22-8 states that for edibles, you’re looking at a daily dose of 60 mg THC. If you’re smoking your prescription, the limit is 2.025 grams per day.

The Legality of Other Cannabinoids

We’ve covered a lot of legal facts surrounding Delta 9 THC in Florida, but what about the other cannabinoids? (I told you this was going to be long…did you run out of snacks yet?)

While Delta 9 is the most abundant cannabinoid in cannabis, there are hundreds of others including Delta 8, Delta 10, and CBD.

Florida law is only focused on regulating the Delta 9 concentration in hemp and hemp extract products, but it’s pretty much hands-off when it comes to the other cannabinoids.

What does this mean for you?

Well, if you’re in Florida, it means you’ve got legal access to way more than just Delta 9. Whether you feel like trying Delta 8, Delta 10, or CBD, they’re all fair game under the current law.

Unfortunately, some people are trying to change this. Most recently, Senate Bill 1698 went to vote, which would have banned Delta 8 and put additional restrictions on Delta 9. Thankfully, Governor DeSantis vetoed the bill, keeping non-Delta 9 cannabinoids legal in Florida.

Just remember, while these other cannabinoids are legal, they’re not all created equal. Each one can affect you differently, so it’s always smart to do your homework and start low and slow if you’re new to the game.

An infographic on legal cannabinoids in Florida. It shows Delta 9, Delta 8 and Delta 10, and CBD, each above cannabis leaves. It states Delta 9's concentration can't exceed 0.3%; Delta 8 and 10 have no specific legislation; and CBD's Delta 9 concentration can't exceed 0.3%.

CBD Is Legal

While we briefly touched on this in the last section, let’s get into more of the details around CBD, the non-psychoactive cousin of Delta 9 THC. (At this point, feel free to save the last half of this article for later…we know you probably have to use the bathroom by now.)

Florida’s been on board with CBD for a while now. Back in 2014, they passed Senate Bill 1030, which allowed low-THC cannabis for medical use. Specifically, these had to have no more than 0.8% THC, and at least 10% CBD. This was before the 2018 Farm Bill’s federal impact on the legality of CBD, making Florida fairly progressive at the time.

Fast forward to 2019, and Florida decided to go one step further with Senate Bill 1020. This bill expanded access to CBD by specifying that hemp-derived cannabinoids, including cannabidiol, are not controlled substances as long as they have a Delta 9 concentration of 0.3% or less by dry weight. Suddenly, CBD wasn’t just for medical use anymore – it was fair game for everyone.

CBD might not get you high like THC does, but it does have other benefits. Recent studies have shown that CBD products can make a huge difference for people dealing with pain, anxiety, or depression, and some patients have reported that CBD gave them a boost in their overall wellbeing.

Of course, everyone’s different, so what works for one person might not work for another. But hey, if it’s legal and it might help, why not give it a shot?

Delta 8 and Delta 10 THC Are Legal

Now, let’s talk a little more about Delta 8 and Delta 10 THC.

Delta 8 and Delta 10 THC are legal for the same reason that CBD is – there isn’t specific legislation limiting the use of cannabinoids other than Delta 9.

While both Delta 8 and Delta 10 are naturally found in the cannabis plant, they are found in much smaller quantities than Delta 9. As a result, products that boast large amounts of either compound are typically synthesized from CBD in a lab. Both Delta 8 and Delta 10 have psychoactive effects, but less so than Delta 9.

Because Delta 8 and Delta 10 are fairly new to the scene, scientists haven’t had much time to study them yet, and information about their long-term effects or potential benefits is extremely limited.

And keep in mind, the FDA hasn’t evaluated or approved any of these compounds for human consumption. In other words, you should really make sure that any Delta 8 and Delta 10 you get are from companies you trust.

In fact, the FDA has put out a specific warning about Delta 8, noting concerns about sketchy manufacturing processes, nasty side effects, and a lack of oversight when it comes to the chemicals used and potential contamination.

That’s why at Cheech and Chong, we stick to what we know best – high-quality Delta 9 products. We love that classic cannabis experience, but also make sure we keep it legal and safe.

Why mess with the unknown when you can enjoy the real deal, without pissing off the law.

Check out our selection of Delta 9 gummies and drinks for all the fun and none of the worry.

Where Can You Get Delta 9 THC in Florida?

If you’re in Florida and you’re wondering where to score some legal Delta 9 THC, you’ve got a few options.

For those who like to shop local, you can probably find Delta 9 and other hemp-derived products at your neighborhood smoke shop. Just remember, we’re talking about the legal stuff here – 0.3% Delta 9 THC or less by dry weight.

If you’re wanting to hit up a dispensary (or as they’re officially called, Medical Marijuana Treatment Centers), that’s a little more complicated. Those are strictly for people with medical marijuana cards. No card, no entry.

If you don’t want to leave your house at all, we know a way to get high-quality Delta 9 products delivered right to your door. By ordering from Cheech & Chong, we can send Delta 9 gummies and THC drinks straight to your door, no matter what part of Florida you’re in. Plus, we ship them out of Jacksonville, FL, so you should get them in just a day or two.

Can You Get in Trouble for Possessing THC in Florida?

We’ve laid out the laws in Florida to help you stay out of trouble…but what if you DO get in trouble?

Assuming you’re being searched by some sort of law enforcement, as long as you’ve got hemp-derived products with 0.3% or less Delta 9 THC by dry weight, you’re in the clear. That’s completely legal.

But if you’re holding anything with more than 0.3% Delta 9 THC, that’s considered marijuana, and is also very illegal unless you’ve got a medical card.

Now, here’s where it gets tricky. It’s impossible to tell the difference between legal hemp products and illegal marijuana just by looking at them or smelling them. That’s why it’s super important to hang onto the packaging of your legal products. It’s the only way you can prove whatever you have on you is within legal limits

If you’re found to be holding on to something outside of those legal limits, there are some pretty hefty consequences. In Florida, tetrahydrocannabinols (AKA: THC) and synthetic cannabinoids are listed as Schedule I controlled substances under Statute 893.03. That means they’re in the same category as some pretty heavy-duty drugs.

If you’re caught with up to 20 grams of marijuana, you’re looking at a first-degree misdemeanor. That could mean up to a year in jail, a year of probation, and a fine that could set you back $1,000. And if you’re holding more than 20 grams but less than 20 pounds? Now we’re in felony territory. We’re talking up to 5 years in prison and a fine of up to $5,000.

So, the moral of the story? Stick to the legal stuff, keep your packaging, and don’t push your luck. When it comes to THC in Florida, it’s better to be safe than sorry.

Yellow background with black text stating "Recreational Marijuana is Illegal in Florida." Below it reads, "Marijuana is defined as a cannabis-derived product with a Delta 9 concentration above 0.3%". An image of a crossed-out cannabis joint is placed on the right.

The Future of THC Regulation in Florida

The Sunshine State is a hotbed for THC regulation debates. In recent years, Florida lawmakers have been trying to come up with new laws to regulate THC, which has kept everyone on their toes.

Take Senate Bill 1698, for instance. This bill made it all the way through the Senate and House of Representatives, only to get the big veto from Governor DeSantis in June 2024. If it had passed, it would’ve been an instant ban on Delta 8 products – no more manufacturing or selling them in Florida. But that’s not all – it also wanted to place more restrictions on Delta 9 products, limiting them to either 0.3% total Delta 9 THC on a wet-weight basis or 5 mg per serving and 50 mg per container, whichever was less.

But this coming November, Floridians might have a chance to flip the script entirely.

Amendment 3 is making its way to the ballot, and if it passes, it could lead to full-on legalization of recreational marijuana in the Sunshine State. If this amendment passes, adults 21 and over could legally possess up to three ounces of marijuana, no medical card needed.

The state’s stance on THC is in constant flux, with talks of stricter control one day and looser laws the next. One thing’s for sure – when it comes to THC regulation in Florida, the only constant is change.

Get Delta 9 Products Shipped Straight to Your Door

Alright, let’s wrap this up with a quick refresher.

Remember, in Florida, Delta 9 THC is completely legal as long as it doesn’t exceed that magic number: 0.3% concentration by dry weight. This means you can enjoy the benefits of Delta 9 without worrying about breaking any laws.

Now, here’s where it gets even better. You don’t have to leave your couch to get your hands on some high-quality, legal Delta 9 products.

At Cheech and Chong, we’ve got you covered. Whether you’re in the mood for some tasty Delta 9 gummies or you’re craving a refreshing Delta 9 seltzer, we’ll ship it straight to your door in Florida.

So why wait? Treat yourself to a legal Delta 9 treat today by ordering through our website, and you can be enjoying the high in just a day or two!

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