Delta 8 THC Florida Legal Guide by Sneha Solanki at CBD Origin
Introduction
The revolutionizing step taken by the federal government with the farm bill 2018 sparked a green-gold rush evidenced by the sale of a whopping $ 1.2 billion CBD products in 2020. The substance continues to gain popularity for its effectiveness and its similar effect to marijuana and CBD. This bill has created a history by distinguishing hemp from other cannabis plants, which were illegal under the marijuana tax act 1937 and added to the list of controlled substance act in 1970. This bill included hemp in crop insurance and expanded the study of hemp-related programs to determine the economic viability of the hemp market.
But at the same time, the passing of this bill created confusion because of the wide variety of hemp-derived products, different methods of production and sale, and different consumption habits at the state level. These are some reasons for the lack of regulations and compliance procedures at the state and the federal levels.
Bottom Line Up from
Yes, Delta 8 is legal in Florida and follows similar guidelines to the 2020 Farm Bill.
Delta-8 Legislation in Florida
The farm bill 2020 removed hemp, defined as cannabis with a concentration of 0.3% of Tetrahydrocannabinol (over that limit, it will be classified as marijuana, facing federal restrictions) from Schedule 1 of the controlled substance. This new legislation allowed the sale, possession, and transfer of hemp-derived products across the United States (subject to state restrictions).
Florida law has got its delta-8 laws in alignment with the federal regulations. The state passed Senate Bill 1 Includesgalizing the delta-8 THC, defining hemp as “the plant Cannabis sativa L. and any part of that plant. This includes the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis”.
The state hemp program defined hemp as an agricultural commodity. It made regulations regarding testing, verifying, and preparing reports known as certificates of analysis(COA). This ensures the plant doesn’t contain THC compounds exceeding the maximum limit.
This bill also stipulated labeling, shipping, and packaging requirements on the product. This involves a bar code or a quick code number, expiry date of the product, how much hemp extract the product contains, batch number, and website address where batch information can be found. Along with a statement that the product includes total delta-9 THC that did not exceed 0.3 percent on a dry-weight basis failing of these requirements will be a violation and attract a fine of $ 500 and forfeiture of a product in question.
Is Delta-8 THC Legal in Florida?
Yes, Delta-8 THC is legal in Florida. As per the Senate bill, Florida has legalized all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, of cannabis Sativa L. and any part of that plant with a 0.3% concentration of delta-9 THC.
Frequently Asked Questions
Question: Is Delta-8 a Controlled Substance in Florida?
Answer: The hemp-derived cannabinoids and products composed of one or more hemp-derived cannabinoids, such as cannabidiol, formulated for ingestion are not controlled substances. Therefore delta-8 THC obtained from hemp is not a controlled substance in Florida.
Question: Is it Legal to Grow Hemp on Private Farms in Florida?
Answer: Growing hemp in Florida is closely regulated by the Florida agriculture and consumer services(FDACS). You need to apply for a cultivation permit to FDACS at the state hemp program. Only those lands classified as agricultural or industrial land or any land classified by a country’s property appraiser will be allowed for hemp cultivation.
Question: What is the Process of Growing Hemp in Florida?
Answer: The process starts with a background check where the applicant needs to have the originating agency identifier number assigned to FDACS by the Florida Department of law enforcement(FDLE). Along with providing full fingerprints to the livescan service provider that will be evaluated FDLE. You will also need to provide the following data at the time of application:
– Information about Cultivating site and its Global positioning coordinates.
– Information on storage, transportation, and containment of the hemp products
– Plan on waste disposal and environmental containment for each cultivation location, illustrating the system in place to keep the licensed hemp from spreading.
Submit your application through a valid email address to create a user profile. After reviewing and getting your cultivation, there are several things that you need to submit. This includes THC samples for testing, reporting about crop harvesting at least 30 days before intended harvest, posting signage and etc. Please note that this permit needs to be renewed annually. All the documents of hemp harvesting need to be preserved for 3 years.
Additionally, hemp seed transportation and importation require a separate permit. Only hemp seeds or cultivars approved by institutions or universities conducting pilot hemp programs or seeds certified by the AOSCA can be used for hemp cultivation.
The applicant must not have been convicted of a controlled substance offense within the last ten years to get this permit.
Question: Where You Can Find Delta-8 THC in Florida?
Answer: You can find it readily available at gas stations, CBD stores, and online. However, please be extra careful while buying these products and buy them directly from the manufacturer or licensed stores. As there are several instances that third-party vendor doesn’t have the hemp products as per the defined limit, thereby causing harm to consumers. There is a variety of products available like gummies, flowers, concentrates, topical, distillates, etc.
Question: Is Delta-8 Available for Purchase Online in Florida?
Answer: Due to its legality in Florida, you have the privilege to ship your delta-8 THC product to your doorstep. While Florida has stricter rules for packaging and selling, you need to note that Delta-8 THC products are not regulated by the food and drug administration. Make sure to purchase your Delta-8 THC products from well-established online platforms like Five, 3Chi, Hollyweed, exhale wellness, and diamond CBD.
Please note: These are not recommendations and are merely for informational purposes.
Question: What is the Possession Limit of Delta 8 THC in Florida?
Answer: As per the state hemp program, Delta-8 THC is classified as an “agricultural commodity.” Hence, it has no possession limit.
Question: What is the Minimum Age to Buy Delta 8 THC in Florida?
Answer: As per Senate bill 1766, the person buying Delta 8 THC has to be 21 years of age or older, failing which criminal penalties will be attracted.
Question: Is it Feasible to Travel to Florida With Delta 8 THC?
Answer: As a general rule, I would say YES, although there are exceptions! As delta 8 THC is legal federally, even it has been clarified by Transport security administration, so they do not search for marijuana and other illegal drugs. It is essential to consider the state from which you are flying, as it might be problematic if you fly to one where delta-8 THC is illegal. Also, make sure you have your certificate of analysis and other vital documents to prove you have legal hemp in your possession.
Question: Is CBD legal in Florida?
Answer: CBD as commonly referred to as a non-psychoactive cousin of THC derived from the hemp plant contains only 0.3% delta-8 THC, which is legal in Florida. Federally only CBD products derived from hemp are legalized.
Question: What Kind of Marijuana is Legal in Florida?
Answer: In 2014, Florida approved medical marijuana for very selective medical conditions under Florida revised marijuana law 381.986. The patient needs to be approved by the physician and get an active physician certificate. The primary difference between marijuana and Delta 8 THC is that the former contains more than 0.3% of THC. Which is the primary reason marijuana gets you high.
Question: Can Delta-8 THC Show Up on a Marijuana Screen? Is Delta-8 Detectable on a Drug Test?
Answer: The answer is probably yes! Delta-8 is detectable on a drug test. The main reason for this is the substantial similarity with Delta-9 THC, which has more than 0.3% THC concentration. Delta-8 THC remains in the body for a similar amount of time after consumption, 2-30 days, and even till 90 days(can be detected on some tests). You need to keep in mind that the drug test only looks for THC metabolites, and there are no advanced tests that can determine whether a person has consumed Delta-8 or Delta-9 THC. That’s why there are more chances for you to fail your drug test.
Question: Is Delta-9 THC Legal in Florida?
Answer: No. Only hemp-derived delta-9 with a 0.3% concentration of THC is legal in Florida.
Question: What is the Difference Between Delta-8 THC, Delta-9 THC, and CBD?
Answer: CBD, commonly known as cannabidiol, is a non-psychoactive compound, unlike Delta-8 THC and Delta-9 THC. Delta-8 shares many similarities with Delta-9 THC; they have similar chemical structures and similar effects on their consumption. The only difference is that the results are milder and more stable chemical compounds than Delta-8 THC compared to Delta-9 THC. Another difference is related to legality, where the former is legal, and the latter is illegal in Florida and the United States. Delta-9 is found in large quantities in cannabis plants and is cheaper to be extracted. On the other hand, Delta-8 occurs in a minimal amount naturally, and hence it’s a more tedious task to extract it.
Question: In How Many States is Delta-8 THC legal in the United States?
Answer: A total of 27 states and 1 district of the United States have legalized Delta-8 THC. It includes Nevada, New Mexico, Missouri, Indiana, Ohio, Georgia, Virginia, etc. 19 states have either banned, restricted, or regulated Delta-8 THC. A few of the states it includes are Alaska, California, Colorado, New York, Rhode Island, Idaho, etc. New York is the latest state that has restricted Delta-8 THC on 3rd November 2021. The New york cannabis control board stated that no delta-8 THC products except the hemp flower can be sold. The same is quoted as its intoxicating qualities and mislabeling of the products. Further, four states are reviewing the legal status of Delta-THC include Alabama, Oregon, Illinois, and Oklahoma.
Question: Is Delta 8 Natural or Synthetic?
Answer: It is a naturally occurring substance in hemp and marijuana, two varieties of cannabis plants. Over 100 different cannabinoids are produced by cannabis plants, and Delta-8 THC is one.
Question: What is the Controversy Behind Delta-8 THC? Why Are States Banning it?
Answer: If you have noticed in the farm bill 2018, it doesn’t talk about Delta-8 THC; it only talks about hemp. This is not addressing the compound is the prime reason hemp derivative and Delta-8 THC, in particular, is in the legal gray area. Further, the substance is not regulated by FDA. There have been instances when labs have found toxins, unknown compounds, and even Delta-9 THC in products claiming to be Delta-8 THC products. Delta-8 THC products have mild symptoms. To get a more potent effect, individuals can buy and consume them in higher quantities, which can be dangerous too. Since this substance is legalized, this situation will remain undetected by authorities.
Conclusion
While Delta-8 THC is legal in Florida, we can see there is room for a proper system, more testing procedures, stricter regulations, and research mechanisms to discover what more benefit this product holds that makes this agricultural commodity stable. While Delta-8 THC occurs naturally in tiny amounts, and it is difficult to fulfill the growing demand. That’s why it is produced through processes like isomerization and synthesization from CBD. While there’s no one process of making this substance, people freely produce it through different methods. However, DEA issued an interim rule that stated that synthetically derived THC will be under controlled substance. However, there is still confusion since there is no definition of “Synthetic” means. Further, if few articles are believed, this process still develops “Natural Delta-8 THC” and is different from other unnatural and unregulated THC and therefore requires interpretation and swift intervention by the respective authorities.
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