Florida’s Delta 8 Law: What You Need to Know

Everything is brighter in the Sunshine State — including the support for cannabis. Hemp-derived delta 8 THC is the newest addition to the Florida multi-million dollar hemp market. Numbers show that the state made an estimated 370 million dollar economic impact from growing and selling hemp products in 2020. 

Can we expect ∆8 THC to stay legal in Florida? Let’s look at the current legal situation of this cannabinoid in the Sunshine State. 

Is Delta 8 THC Legal in Florida? 

Thanks to a loophole in the 2018 Farm Bill, hemp-derived delta 8 THC is currently legal in Florida.

What is Delta 8 THC? 

Delta 8 THC is a type of tetrahydrocannabinol naturally present in the hemp plant in tiny concentrations. This cannabinoid has an almost identical chemical structure to delta 9 THC — the main active ingredient in cannabis responsible for getting the user intoxicated. 

As another form of THC, this compound will get you “high.” But, not in the same way as delta 9 THC. Research shows that this cannabinoid is half as potent as traditional THC. 

Users describe its effects as the middle-ground between ∆9 THC and cannabidiol (CBD). Therefore, if regular THC makes you paranoid or overly stimulated, this cannabinoid is the perfect alternative. It’ll help you relax and space out without the typical anxiety feel. 

Buying Delta 8 THC in Florida

While you can buy ∆8 THC from a local dispensary or a vape shop, the best brands exist and operate online. Crazy8s is a leading provider of premium delta 8 THC products, including fresh, top-shelf hemp flower, gummies, capsules, vape carts, etc. 

Our vegan-friendly, organic delta 8 THC gummies are made from hemp sourced from licensed USA-based farmers who put a lot of love and care into growing this plant. Depending on your ∆8 THC journey, you can choose from different potencies. If you’re a beginner, the 10mg gummies would be great for starters, while if you are a seasoned user, the 50mg gummy will definitely pack a punch. For now, they come in two delicious flavors, Passion Fruit and Black Cherry Vanilla. 

Who Are We?

Crazy8s is your go-to choice for tested, safe, and potent whole-plant delta 8 THC products within the mid-range price bracket. Every product displayed on our website comes with a genuine, detailed, and comprehensive Certificate of Analysis. 

We’ve been actively involved in the hemp cannabinoid market for nearly a decade, which allows us to gain a different perspective on products offered by different brands. While we’re diligent about our cannabinoid products and the ingredients we put in them, we’ve seen more than enough examples of companies that avoid the basic testing steps. 

It’s important to note that under Florida’s law, you must be at least 21 years old to purchase delta 8 THC products legally. That said, you don’t need a medical marijuana card to purchase high THC hemp products as they are entirely legal under the Farm Bill and state laws.  

Is Delta 8 THC Legal in Florida?

Yes, delta 8 THC is entirely legal and available in the Sunshine State. 

Florida was the first state in the nation to fully accept products containing this cannabinoid — and provide a framework for their uninterrupted production and sale. 

On Delta 8’s, the Florida Department of Agriculture and Consumer Services (overseeing hemp production) released a statement saying: 

“At this time any hemp product intended for human or animal ingestion or inhalation which is sold in Florida must comply with all Florida statutes and rules. Any hemp or hemp extract products offered for sale or sold in Florida must comply with all labeling rules and have a certificate of analysis that shows a total THC (THCA x .8777 + THC Delta 9 = total THC) content of 0.3% or less. Any hemp or hemp extract product that does not comply with all statutes and rules is subject to enforcement and possible destruction by the Florida Department of Agriculture and Consumer Services [emphasis added]. ” 

The statement confirms the legal status of ∆8 THC products and authorizes their manufacture and distribution. That is, as long as the products are compliant with the current hemp state laws — or contain less than 0.3% Total THC. 

Crazy8s products are compliant with both federal law and state law because we calculate the Total THC level as described in the above statement. All our products contain less than .3 percent Total THC. 

What Does the Future Hold?  

After allowing the production and distribution of hemp-derived ∆8 THC as any regular hemp product, Florida has been going strong. By establishing this beneficial framework, Florida enables the “limited” hemp industry to continue growing and evolving. 

Most importantly, including delta 8 products as part of the regulated hemp industry ensures buyer safety. It protects users from foul products by mandating proper lab testing for each item sold. 

Had most states followed Florida’s approach, the side effects of an unregulated regulated market would have been much less common. Practice shows that, despite strict hemp laws, ∆8 THC is readily available and sold in almost all 50 states. 

Is Delta 8 THC Legal Federally?

The legality of delta 8 THC remains murky (gray area) on a federal level. 

The 2018 bill permits the manufacture and distribution of hemp cannabinoid products with less than 0.3% delta 9 THC content. But because hemp is so broadly defined, products that don’t match the initial idea behind the bill started appearing. A great example is hemp-derived delta 8 THC.   

One of the main arguments against the legality of this compound is that it’s intoxicating. According to the US Cannabis Council, an intoxicating cannabinoid cannot become legal if derived from a non-intoxicating compound. 

This is because ∆8 THC is present in the hemp plant in tiny concentrations, so processors synthesize it from hemp CBD to create it in larger quantities. The debate on whether this molecule is considered synthetic or not is ongoing. 

Recently, the DEA listed this cannabinoid in its Orange Book of controlled substances. But, this is not formal law that criminalizes ∆8 THC, but mere guidance. Until further notice, this cannabinoid remains in the gray area federally, while states get to decide whether to allow, ban, or restrict its use. 

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.