CBD Oil in Florida: Is it Legal?
Written by Cathy Rozyczko
Edited by Jason Brett on
October 1, 2021
A lot of people ask this question – is CBD oil legal in Florida? It appears that there has been a lot of confusion surrounding this topic; most likely because of the legality of cannabis in the state.
Fortunately, this supplement is perfectly legal in Florida, which means more people get to experience how CBD may benefit them. What's more, medical cannabis patients are able to access CBD with higher THC levels as well.
The Hemp Farming Act of 2018
In 2014, a farm bill was passed that allowed institutions of higher learning and state agricultural departments to grow hemp. This was done under a pilot program for as long as state law allowed. The bill also provided a definition of industrial hemp. This set the THC limit in the United States at 0.3% (dry weight).
During that year, every type of cannabis was considered to be a Schedule I Controlled Substance. While the bill did allow hemp to be grown, the DEA was still overseeing certain aspects of its production. This included seed cultivation methods.
But the Hemp Farming Act of 2018 made some significant changes that only served to benefit the CBD industry. This bill legalized the production of hemp and categorized it as an agricultural commodity.
At the same time, it also removed hemp products with 0.3% THC or less from the government's list of controlled substances. They instead became listed as a covered commodity under crop insurance. In addition, the Federal Crop Insurance Corporation board was directed to begin developing policies surrounding hemp.
What Does That Mean for CBD in Florida?
The Hemp Farming Act of 2018 essentially placed the power in the hands of the states instead of in the hands of the Federal government. Florida's lawmakers were able to write their own legislation and create frameworks for growing hemp and using it to make products.
CBD is now legal in Florida as long as it has been extracted from hemp plants that contain less than 0.3% THC according to weight. But it has taken a long time for us to get here. For example:
- In 2014, lawmakers in Florida approved SB 1030. This was a bill that legalized CBD oil with low THC levels for medical cannabis patients who qualified and who were a part of the state's program.
- The first medical cannabis program in Florida allowed patients with long-term illnesses to obtain and consume medical cannabis with 10% or more of CBD. The products could contain no more than 0.8% THC and must have been recommended by a doctor.
- Amendment 2 was approved by voters in 2016. This amendment expanded Florida's medical cannabis program, but it still did not allow patients to smoke it.
- This ban was struck down in March 2019 by the passage of SB 182.
But it is possible that the most recent bill (SB 1020) is the most important piece of legislation regarding CBD oil in Florida. It was passed in July 2019, and it indicated that:
- Hemp was legalized according to the standards set by the Federal government.
- Hemp extracts were legalized.
- Hemp-derived cannabinoids were deemed to not be controlled substances.
- CBD oil may be processed and may be hemp grown only by people or businesses that are licensed to do so.
- All products must be independently tested by a licensed lab.
- CBD products must be free of contaminants and must contain no more than 0.3% THC.
Are There Laws About CBD Possession in Florida?
Many of the states that have made recreational or even medical cannabis legal have laws about personal possession. Because CBD is related, it stands to reason that there might be similar laws in place. But due to the lower THC levels in CBD, there are no possession laws on the books.
Understanding CBD Packaging Laws
There are very strict laws in Florida about CBD product packaging. When these products are distributed and sold to the public, their labels have to contain all the following:
- Some type of scannable barcode or QR code that is connected to a certificate that proves the product has been independently lab tested.
- The batch number for that particular bottle.
- The website link to a page that has information about that CBD batch.
- The product's expiration date.
- A measurement of the amount of hemp extract in the bottle in milligrams.
- Some type of statement that certifies that the bottle contains less than 0.3% THC.
This might seem like a lot, but the good news is that CBD producers in Florida have no problem complying. In fact, many of them add additional information as well, such as:
- The name of the manufacturer or distributor.
- A Supplement Fact list that includes any other ingredients.
- The amount of active CBD for every serving.
- Information regarding suggested use.
- The net weight of the product.
What do Floridians Need to Know Before Trying CBD?
Now that you understand the laws and the legality behind CBD in Florida, you're ready to make your purchase. You will immediately see there are a variety of products to choose from, so please don't feel overwhelmed. We can help you make the best decision.
There are three different main types of CBD:
- Full Spectrum – This type of CBD has been extracted from hemp along with all other terpenes and cannabinoids. It includes THC, and many people believe that this type of product works best for them because of a synergistic benefit known as the entourage effect.
- Broad Spectrum – This type of CBD contains CBD and other cannabinoids and/or terpenes. Broad spectrum does not have any THC because it has been processed out of the product. For those who want to remain free of this cannabinoid, this might be the best option.
- CBD Isolate – This type of CBD goes through an extensive process to remove anything that is not CBD, including terpenes.
Which Type of CBD is Right For You?
Let us help you figure that out. Our CBD Product Finder is a fantastic tool that can help you make that decision. You can have your answer in just 30 seconds!
There is no denying that CBD can have an amazing impact on your life. We wish you the best as you embark on this new journey!
+ 7 sources
Bonsor, Kevin et al. “Marijuana Potency- How Marijuana Works.” How Stuff Works. Accessed 1 Oct 2021
Nepveux, Michael. “2018 Farm Bill Provides a Path Forward for Industrial Hemp.” American Farm Bureau Federation, 28 Feb 2019
Senate Bill 1030: Cannabis. The Florida Senate. Accessed 1 Oct 2021
Florida Medical Marijuana Legalization, Amendment 2 (2016), Ballotpedia. Accessed 1 Oct 2021
Senate Bill 182. The Florida Senate, 2019
Florida Senate Bill 1020 (Prior Session Legislation). Legiscan, 1 July 2019
Kam, Dara. “CBD Products in Florida Governed by New Rules.” News Service of Florida, 6 Jan 2020
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