The United States is currently undergoing a transitional phase in regard to cannabis and CBD products. Certain states have legalized cannabis products for recreational and/or medical use, while others still consider the substance illegal. Despite the disjointed stance on cannabis across the U.S., most CBD products are legalized in all 50 states. Here’s more info on CBD and its legality in Florida.
Is CBD Oil Legal in Florida?
Yes, CBD oil is legal in Florida. Currently, all CBD products are legal in Florida, provided they were extracted from plants that contain less than 0.3% THC and the final product contains less than 0.3% THC. Additionally, medical marijuana is legal in Florida. This means that medical marijuana patients may purchase CBD products that contain higher levels of THC.
Hemp Farming Act of 2018
Due to the passage of the Hemp Farming Act of 2018, all states have the power to establish laws for hemp and hemp-derived products. The Farm Act is a revolutionary piece of legislation in the hemp and cannabis industry because it legally distinguished hemp from marijuana. It removed hemp as a Schedule 1 drug and completely legalized it, allowing farmers in the U.S. to grow, process, and sell hemp commercially. The Farm Act of 2018 also legalized the production of hemp products for any use, including for the extraction of CBD oil. The law defines hemp as any plant that contains less than 0.3% THC. THC is the psychoactive cannabinoid that is responsible for the psychoactive effects of marijuana.
Lawmakers have established that any plant with less than 0.3% THC is considered hemp and not marijuana because they have determined that this low amount of THC does not cause psychoactive effects. Cannabis plants that have more than 0.3% THC are still considered marijuana and are categorized as a Schedule 1 substance.
Since the passage of the Hemp Farming Act of 2018, there’s been an explosion of interest in CBD products among consumers. However, restrictions in 2018 Farm Bill mean that the Drug Enforcement Administration (DEA) continues to regulate much of the industry, and CBD is still awaiting DEA regulation. Due to pressure from the industry, the FDA has started to reevaluate its original determinations on CBD, which would allow for greater regulation and control in the CBD market. The Farm Bill also puts the impetus on the individual states to regulate CBD farming and commerce. In addition, it allows the transfer of hemp and hemp-derived products across state lines.
Florida Cannabis Laws
In 2014, Florida lawmakers passed the “Compassionate Medical Cannabis Act of 2014.” This act allows physicians to issue orders to allow certain patients, such as those suffering from cancer and epilepsy, to use low THC cannabis. “Low THC cannabis” was defined as having less than 0.8% THC and more than 10% CBD.
In 2016, a new bill was approved that expanded the state’s medical marijuana program to include high levels of both THC and CBD. However, it still limited smokable marijuana. This rule was eventually overturned in March 2019 when the Florida Supreme Court overturned the ban on smokable marijuana. Today, medical marijuana patients are allowed access to a wide range of medical cannabis products that contain a range of THC and CBD to best suit their needs.
Around the same time, there were also some CBD laws that were passed in Florida. A bill called SB 1020 was passed in July 2019 that provides the most comprehensive legislation impacting CBD oil in Florida. In accordance with the federal legislation in 2018, this bill legalized hemp, which is defined as a plant with less than 0.3% THC. SB 1020 also legalized any extract that comes from a legal hemp plant, provided that it does not contain any other drug or illegal substance. It also legalized CBD specifically, in that it legalized all cannabinoids derived from hemp plants.
Under this law, all businesses must apply for a license to grow and process hemp and CBD in Florida. All hemp products need to be tested by a licensed, third party laboratory. This lab must certify that the product contains less than 0.3% THC and does not include any contaminants.
In addition, the law states that legal CBD products must be labeled with the following information:
- A scannable QR code linked to a certificate that proves the product has passed lab testing
- A batch number
- Website where consumers can gain more information about the batch
- Expiration date
- Amount of hemp extract
- A statement that the product contains 0.3% THC or less
Additionally, Florida has not determined any restrictions when it comes to how much CBD a person may legally possess at one time. However, medical marijuana patients may only possess four ounces of low THC products which have been issued from state-licensed dispensaries.
In short, CBD oil is legal in Florida. However, it must contain 0.3% THC or less and be tested for purity and labeled accordingly.