CBD Oil in Florida: Everything You Need to Know

Florida has a reputation for being a laidback state—but just how “relaxed” are the Sunshine State’s CBD laws? In brief: CBD products are now legal in Florida, provided they meet the guidelines put forth in the 2018 US Farm Bill. This means all CBD products in Florida must come from hemp plants with no more than 0.3 percent THC.

Although CBD is technically legal in Florida, locals should take a few moments to review the nuances of their state’s hemp laws. It’s equally important for tourists visiting Florida’s world-famous attractions to understand how theme parks regulate CBD oil.

Hemp Versus Marijuana – What’s The Big Difference?

Before diving into Florida’s laws on CBD, it’s essential to distinguish between hemp and marijuana. Although both of these plants are variants of Cannabis sativa, they are not the same. Indeed, mixing up these two terms could get you in serious trouble with the law. 

The critical distinction between hemp and marijuana has to do with a compound known as delta-9 tetrahydrocannabinol (aka THC). As you might already know, THC is the infamous cannabinoid that gives users a psychedelic “high” sensation. Any plant containing above 0.3 percent THC is classified as marijuana, and hence is federally illegal.

Under the 2018 Farm Act, hemp and hemp derivatives are legal in the USA, provided they meet the 0.3 percent THC standard. This is why it’s so important for CBD consumers to only buy from companies like Avid Hemp that verify THC counts through third-party lab screenings. 

So, CBD Won’t Make Me Feel High?

Although CBD seems to interact with our body’s endocannabinoid system (ECS), it is non-psychoactive. Instead of feeling “stoned,” people who use CBD products often report feeling “calm” and “clear-headed.” It’s generally considered safe to use CBD any time of the day. 

Although everyone reacts to CBD differently, most people report the most profound effects when taking smoking hemp flower, vaping CBD cartridges, or taking CBD tinctures sublingually. By contrast, CBD capsules and edibles have to go through the digestive tract, which slows their absorption rate.

Is CBD Oil Legal In Florida?

2019 was a big year for CBD in the Sunshine State. In the summer of this year, lawmakers in Tallahassee approved SB 1020, which clarified the state’s stance on CBD oil. According to this law, hemp-derived CBD goods with ≤ 0.3 percent THC are legal in Florida. This law also clearly stated hemp-derived CBD is no longer considered a “controlled substance.”

By the way, if you would like to grow hemp for industrial or commercial use, you must send an application to the Florida Department of Agriculture and Consumer Services (FDACS). Since July of 2019, the FDACS regulates hemp cultivation and manufacture in the Sunshine State.

Is Smokable Hemp Legal In Florida?

At this point, Florida doesn’t have explicit laws on the sale or use of smokable hemp flowers. However, on March 18, 2019, the state passed SB 182, which allows patients on the state’s medical marijuana program to smoke cannabis indoors. 

Also, since CBD is now legal in Florida, many counties require police departments to send suspected marijuana to a DEA-approved lab to test THC levels. If your hemp flower shows less than 0.3 percent THC, then it’s technically legal under SB 1020.

All that being said, please remember there’s no explicit legal statute on smokable hemp flowers. If you are going to use a hemp joint in Florida, it’s best to do so indoors and far from public view.

Is CBD Oil From Marijuana Legal In Florida?

Although CBD is most closely associated with hemp, every cannabis strain has traces of this calming cannabinoid. Indeed, it’s not difficult to find marijuana-derived CBD products online and in stores, especially in states with more lenient recreational pot laws. 

Formally, Florida doesn’t allow the sale of marijuana-derived CBD products for recreational use. However, SB 1030 made it legal for patients on the state’s medical marijuana program to buy CBD products with up to 0.8 percent THC content. Now that Florida’s medical marijuana program is more mature, it’s getting easier for patients to order CBD goods with higher-than-average THC percentages.

So, while marijuana-derived CBD oil is illegal recreationally, MMJ patients could get this product with a registered doctor’s approval.

Is Full-Spectrum CBD Oil Legal In Florida? 

Of the many types of CBD now available, only products listed “full-spectrum” could contain tiny traces of THC. For this reason, many customers have expressed concerns over whether full-spectrum goods are protected under Florida’s statutes.

Although full-spectrum CBD oil has some THC, it is legal in Florida as long as it meets the guidelines outlined in SB 1020. This means full-spectrum CBD products must come from hemp plants and have ≤ 0.3 percent THC. 

As a word of warning: you could fail a drug test after taking a full-spectrum CBD product. Even though there’s not enough THC to make users “high,” everybody absorbs CBD oils differently. To be on the safe side, we recommend sticking with ultra-purified CBD isolate products if you know a drug screening is coming up. 

Is Vaping CBD Cartridges Legal In Florida?

Like any other CBD product, hemp-derived CBD vape cartridges with ≤ 0.3 percent THC are legal in Florida. The only additional restriction vapers need to be aware of is nicotine content.

Currently, all of Florida’s vaping restrictions are targeted at e-juices and vape pens that have nicotine. Most significantly, it’s illegal for vendors to sell vaping products with nicotine to anyone under 18. Be sure to look out for any nicotine in your e-juices before purchasing online or in a vape shop.

Is CBD Legal In Florida’s Theme Parks? 

In 2019, Florida made national headlines when Walt Disney World arrested a tourist for carrying doctor-prescribed CBD oil into the Magic Kingdom. Although Disney dropped charges in May, the company has yet to change its stance on CBD oil.

This high-profile case should remind tourists that private companies can set their own policies for how they treat CBD. Indeed, both Walt Disney World and Universal Orlando still prohibit medical marijuana and CBD oil. It doesn’t matter if you have a doctor’s note; if security guards find CBD oil on your person, you may be asked to leave the premises. 

Currently, only SeaWorld Entertainment Inc. allows visitors to bring hemp-derived CBD oil into its parks. In addition to SeaWorld Orlando, SeaWorld Entertainment Inc. also owns Aquatica, Busch Gardens Tampa, Discovery Cove, and Adventure Island.

Even though hemp-derived CBD oil is legal in Florida, that doesn’t mean companies have to abide by the state’s statutes. Anyone who’s planning a trip to Florida’s top attractions should check each theme park’s most up-to-date policies. You might also want to look into the CBD regulations at any Florida hotels, restaurants, or beaches you plan on visiting. 

Where Could I Buy CBD In Florida?

As long as CBD meets Florida’s official guidelines, it can legally be sold in brick-and-mortar shops. Although any store could sell this hemp-derived cannabinoid, you’ll most likely find CBD products in health & nutrition shops, trendy spas, and vape shops. Heck, there are even a few restaurants in cities like Fort Lauderdale now experimenting with CBD edibles. 

Since Florida has a medical marijuana program, patients could also find CBD products in one of the state’s many state-approved dispensaries. Of course, you must have a valid MMJ card and a doctor’s prescription to purchase cannabis products at a dispensary. 

If you can’t find the CBD item you’re interested in nearby, remember that Florida allows the sale of CBD products on the Internet. Just be sure to scan your chosen company’s third-party lab screenings to ensure its CBD goods have ≤ 0.3 percent THC. 

Where Could I Learn More About CBD In Florida?

If you’re a Floridian who can’t live without cannabidiol, you should have no fear of buying and using CBD products at home. As long as your CBD oil has no more than 0.3 percent THC, it’s legal under state and federal law.

Do you want to learn more about CBD in the Sunshine State? A good place to start is the University of Florida’s Institute of Food and Agricultural Sciences. Ever since hemp was legalized in the state, UF launched an ambitious Industrial Hemp Pilot Project to help local farmers successfully enter this “growing” industry. You could find out more about the legality of hemp cultivation and CBD products on this official UF webpage.

For even more info on CBD in Florida, you could also look into the state’s medical marijuana program. Specifically, you should get in touch with the Florida Department of Health’s new Office of Medical Marijuana Use (OMMU). You can find OMMU’s official website on this link.

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