You are reading this article because you want to know everything about Cannabidiol (CBD) Oil and its legality in the state of Florida. We have provided the information in the Questions and Answers format so that you can easily follow these up-to-date facts, straight from the government websites, organized here for you.
You will find the answers to the following questions and a lot more.
- What is CBD?
- Difference between Hemp and Marijuana?
- The legality of CBD in Florida
- Why are all the states unable to follow the Federally approved Farm Bill 2018 if there are so many health benefits of CBD and the products made from it?
- Legal CBD products and how to buy them?
- How To Apply For The Medical Marijuana Program?
- Age requirements for using CBD
- Inspecting the quality of CBD Oil and related products
- Mailing, shipping, and traveling with CBD
- Usage and possession of Marijuana fines and punishments
- Growth, possession, and selling of hemp and its derived products
When you’re looking for some CBD oil in Florida, you need to be careful where you get the oil and where the ingredients originated. There’s a movement to legalize cannabis, but it’s only hemp that seems to have slipped into the legal world we all live.
CBD oil is legal in Florida if it comes from legally grown industrial hemp containing no more than 0.3% THC. CBD derived from marijuana is only legal to those holding a medical marijuana program.
In this article, we will review all the legalities of CBD oil and where to find it, ship it, receive it, and more. We will even cover a bit about marijuana while we’re at it.
So stay tuned, and get ready because we’ve compiled the updated information you’re seeking. Let’s start with some general legal issues and answers about cannabis in Florida.
What Is CBD?
If you are entirely new in this field, then let’s start from the very basics. There is a plant known as Cannabis Sativa. This plant has its significance because it yields a compound known as Cannabidiol (CBD). It also produces other compounds. A group of these similar compounds, including Cannabidiol (CBD), are collectively known as Cannabinoids. If we look at the whole Cannabis plant, then the part that yields the maximum amount of CBD are the flowers. From here, we can guess correctly that different parts of this plant have varying levels of CBD.
How is Hemp Different From Marijuana?
President Trump signed a bill in 2018 known as the Farm Bill that removed hemp from the list of controlled substances and allowed its cultivation, production, and sale on a massive scale.
But marijuana remains on the control substances list. But why is that?
The reason is that marijuana, in addition to CBD, has a significant proportion of another psychoactive compound known as THC, that is, tetrahydrocannabinol or delta-9-tetrahydrocannabinol. Its consumption makes the consumer feel elated.
THC concentration is the sole parameter that has led hemp to become legal, while marijuana remains illegal other than for medical use. The bill has 0.3% of dry THC concentration as the borderline.
If THC’s concentration in any product exceeds this limit, it is illegal and will be subjected to legal penalties. While those with the THC concentration levels less than 0.3% are legal and deemed industrial hemp.
Now let’s discuss the aesthetics of hemp and marijuana briefly.
Hemp plants typically have more height, are skinny, and lack excessive foliage. They look like bamboo with their lengthy, lean stalks. In contrast, Marijuana plants are green and full of flowers. Most often, the plants seem to be wide and bushy in comparison.
Does Hemp or Marijuana Have More CBD Oil?
Marijuana has the edge over hemp in terms of the amount of CBD Oil produced with the same weight. This is due to the resin that sticks to the leaves and flowers. Marijuana has more of it than hemp that results in a higher CBD Oil production.
Now that hemp has become legalized, and it can be used for every type of use, including its testing in research and preparing better breeds that can produce a higher amount of CBD Oil while THC levels remain minimal. This is the future associated with hemp.
Why is CBD Sometimes Illegal In Different States?
Not all the states of the United States are on the same page when it comes to legalizing hemp uses in the light of the Farm Bill. We present some of the main reasons below:
1) For a long time, CBD was on the controlled substances list, no different from marijuana’s THC. The FDA recognized its public use as illegal except as a prescription drug for a rare form of epilepsy. According to the FDA, CBD was a controlled chemical and can only be used as a prescription drug.
Fortunately, after the passage of the Farm Bill of 2018, all the barriers in the way of producing, using, and selling CBD were removed. Now, it has become a lot easier to obtain CBD and its products.
2) The second reason why states have confusion is concerned with the chemical nature of CBD. If we analyze the structure of CBD extracted from either hemp or marijuana, it is the same.
So, what is the problem then? This problem is that yes, we obtain more CBD from marijuana, but there are other psychoactive compounds as well, THC being one of those that is a controlled substance.
Is CBD Oil Legal In Florida?
CBD oil first became legal for epilepsy and cancer patients under the Compassionate Medical Cannabis Act in 2014. It wasn’t until November 8, 2016, that medical marijuana was approved by voters (Amendment 2), which expanded the use for more medically qualifying patients.
Finally, Senate Bill 8A, called the Medical Marijuana Use Bill, was passed. It again expanded the use of cannabis for medical reasons.
CBD is legal in Florida without a medical card if derived from legal strains of hemp. It means that any CBD oil derived from industrial hemp (0.3% THC by dry weight or less) grown legally is legal to buy, sell, possess, and use in Florida.
The Florida Senate Bill 1020 is right in line with federal laws that allow industrial hemp with 0.3% THC or less. It makes CBD derived from hemp, both legal nationally as well as in the state of Florida. However, that doesn’t mean products have been approved yet by the FDA for human consumption.
Florida has approved hemp for use in human consumption and even has an entire program to that effect.
Is CBD Derived From Cannabis Legal in Florida?
All CBD comes from cannabis. Cannabis includes both industrial hemp and marijuana. As mentioned, the only difference is the amount of THC in the plant.
Is Hemp-Derived CBD Legal in Florida?
Hemp-derived CBD is legal in the state of Florida.
The Legality of Different CBD Products
|What is a CBD flower?||CBD flower is a term often given to the flower of the Cannabis Sativa plant. Notably, this term is used for strains containing a high amount of cannabidiol.|
|Is CBD flower legal in Florida?||CBD flower is a term that refers to cannabis plant flowers that have a high CBD amount. Legally this means the plant is industrial hemp. However, marijuana flower high in CBD is also possible, although it would require a medical marijuana card to obtain.|
|Can CBD flowers be purchased online?||Yes, CBD flowers can be ordered online.|
|What are CBD terpenes?||CBD terpenes are aromatic compounds found within the cannabis plant used to derive CBD oil.|
|Are CBD terpenes legal in Florida?||Terpenes are aromatic chemical compounds in plants. The cannabis plant is high in terpenes. If the terpenes come from industrial hemp, they would be legal in Florida without a medical marijuana card.|
|Can CBD terpenes be purchased online?||Yes, CBD terpenes can be purchased online.|
|What is CBD wax?||CBD wax is a concentrated form of CBD oil, in a waxy, semi-solid form.|
|Is CBD wax legal in Florida?||All CBD products derived from legally grown hemp are legal in the state of Florida.|
|Can CBD wax be purchased online?||Yes, it is available online.|
|What are CBD gummies?||CBD gummies are gummies infused with cannabidiol|
|Are CBD gummies legal in Florida?||CBD gummies are edible gummies infused with cannabidiol. CBD gummies are legal in Florida if derived from legally grown hemp.|
|Can CBD gummies be purchased online?||Yes, they can be found online.|
|What are CBD creams?||CBD creams and topicals are skincare products used externally, such as moisturizers or conditioners.|
|Are CBD creams legal in Florida?||CBD creams are legal in the state of Florida.|
|Can CBD creams be purchased online?||You can get CBD Creams online.|
|What is CBD liquid?||CBD liquid is a unique form of CBD oil intended for vapor inhalation (vaping).|
|Are CBD liquid, e-liquid, and vape legal in Florida?||CBD liquid, if derived from legally grown hemp, is legal in the state of Florida.|
|Can CBD liquid, e-liquid, and vape be purchased online?||Yes, they can be ordered online.|
|What is a CBD tincture?||A CBD tincture is a concentrated solution made by soaking plant materials in alcohol or vinegar-based solutions.|
|Is CBD tincture legal in Florida?||A tincture is a concentrated solution made by soaking plant materials in either alcohol or vinegar-based solutions. A CBD tincture manufactured using legally grown industrial hemp is legal in the state of Florida. Those derived from marijuana are purchasable with a medical marijuana card.|
|Can CBD tincture be purchased online?||CBD tinctures are readily available online in Florida.|
|What is THC oil?||THC or delta-9-tetrahydrocannabinol is a cannabinoid found in marijuana responsible for the elated feelings of ‘high’ felt by its users.|
|Is THC oil legal in Florida?||THC or tetrahydrocannabinol is a compound found in cannabis that is responsible for the ‘high’ effects. THC oil can come from a licensed dispensary via a medical marijuana card.|
|Can THC oil be purchased online?||THC oil is available online, although only legal for those with a medical card.|
Age Requirements For CBD in Florida
Do You Have To Be 18 To Buy CBD Oil In Florida?
CBD derived from hemp can be purchased by anyone. CBD derived from marijuana may only be obtained by those 21 years of age or older through the medical marijuana program.
How Old Do You Have To Be To Buy CBD Oil In Florida?
There are no age restrictions at the time to buy CBD Oil derived from hemp in Florida. You can purchase it from any licensed retailer, either online or from a physical location.
Do You Have To Be 18 To Use CBD Oil In Florida?
Not exactly. Whatever the age is, you can use CBD oil derived from hemp in Florida.
Can A Minor Use CBD In Florida? How Old Do You Have To Be?
Minors are allowed to use CBD that comes from industrial hemp.
Do You Need A Prescription Or Medical Card For CBD Oil In Florida?
CBD oil derived from industrial hemp does not require a medical card, and it’s readily accessible across the state. CBD that comes from marijuana is purchasable only from licensed dispensaries for those with the medical marijuana card.
Can You Get CBD Oil Without Having A Medical Card In Florida?
CBD oil can be obtained easily in the state of Florida. That is, CBD oil, which comes from industrial hemp containing 0.3% THC by dry weight or less. No medical card requirement is in place for the hemp-derived CBD oils.
However, if the CBD oil comes from marijuana, a medical marijuana card will be required. The card has an application fee of $75, but additional costs will be applied to see a doctor sign off on the card.
Can You Order CBD Oil Online Legally In Florida?
CBD that comes from hemp is legal to buy or order online in Florida.
Florida CBD Possession Limits
Currently, the Governor of Florida allows the possession of CBD with no limits. But the quantity of THC should be less than 0.3% for that particular CBD product.
MMJ Cards In Florida
Medical Marijuana Card Requirements In Florida
To qualify for a Medical Marijuana card in Florida, one must get the approval of a doctor who confirms that you require cannabis as a treatment. Following is a list of current qualifying conditions.
- Parkinson’s disease
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Post-traumatic stress disorder (PTSD)
- Multiple sclerosis (MS)
- The chronic pain arising due to some medical condition
- Medical condition comparable to the ones that are listed above
How To Apply To The MCP (Medical Cannabis Program)
The Florida Department of Health is the one that deals with this program. We will provide the link below where you can get more information, but we have summarized all the stuff for your ease.
Below are the requirements for the Medical Marijuana Use Registry Card:
- Proof of residency
- A convenience fee of $2.75
- Application fee of $75
NOTE: The Florida Department of Health highly recommends to do all the process online as it can eliminate delays and make your life easier. The following are the steps to apply for the Medical Cannabis Program:
- The Department recommends first to take the expert opinion of your doctor either to apply for the program or not. If yes, then proceed to the next step.
- The Department provides a list of qualified physicians near you. The practitioner will then diagnose and see if you have any qualifying medical condition, as mentioned in the above section.
- If you become eligible for the program, then the physician will take your email id, and he will provide you with a patient id number that you will use later to apply for a Medical Marijuana Registry Use Card.
- Login credentials on the email address will be sent to your email address. Using those, login to your account and change the password in the first place.
- Now that you have logged in to your account fill all the requirements, upload documentation, and pay $77.75 (an additional $2.75 for convenience fee other than $75 of application fee).
- After you submit your application, wait for ten business days.
- Once your identification card is approved, you can visit any state-approved medical marijuana treatment center and purchase the medicine.
How Long Does It Take To Get A Medical Marijuana Card In Florida?
After you pay for the Medical Marijuana Use Registry Card, it takes five business days to process that fee. After that, it takes five more business days to review the application.
If you are applying through the mail, then there can be additional 3-5 business days as well.
How Much Does It Cost To Apply For The MCP In Florida?
It costs $75 for the application process of MCP. However, don’t forget that the doctor will charge a fee to sign off on the application as well.
Where To Buy CBD In Florida?
As CBD products’ sales and purchase are now legalized by both the Federal Government and the State of Florida, you can buy CBD by visiting any market, or you can order it online provided that the seller is licensed.
Where To Buy / How To Obtain <.3 THC In Florida?
According to the law, the CBD products that contain THC quantity of less than 0.3% are legal within Florida. However, you must remember to thoroughly check the license of the seller and the genuineness of the product.
Where To Buy / How To Obtain >.3 THC In Florida?
Products containing THC levels greater than 0.3% are not legal. However, it has a restricted use for the patients only who have qualifying medical conditions.
Where Is CBD Sold In Florida?
CBD is legal to sell in Florida if derived from legally grown hemp. And there is no shortage of stores selling CBD products. These products are purchasable in everything from convenience stores to health food stores, specialty CBD stores, and online.
Are There Any CBD Retailers In Florida?
In Florida, CBD stores’ search results seem dominated by a chain known as Your CBD Store. With at least 3 locations in the Tampa region, the chain appears to dominate the state for CBD stores.
Where Can I Find CBD Water?
CBD water is a beverage where carbonated water infused with CBD, and often flavoring is bottled for a refreshing CBD experience. Florida has its very own local manufacturing of CBD water by a company aptly named Spring Life CBD Water, located in Orange Springs, Florida.
Where Can I Buy Medical Grade CBD In Florida?
Medical grade CBD can be obtained with a medical marijuana card by any state’s licensed dispensaries.
How To Read CBD Product Labels & Packaging?
This is an essential piece of information that we are giving you. You have to be smart to purchase CBD as it is not like ordinary products. There are a lot of illegal manufacturers out there. Its genuineness should mean a lot to you.
Suppose in case a fake seller is trying to sell products in which the concentrations of THC are higher than the recommendation. In that case, it could potentially temporarily affect you very badly. Therefore, learn the following things by heart, and then you are good to go for its purchase.
Expiry Date – it is so simple, isn’t it? This should be the first thing you must refer to.
Product Batch Number – this number enables you to track the batch information of the manufacturer of the product.
Lab Testing Certification – as by law, every CBD and related products must undergo testing from the state-defined independent labs. Take a smartphone and scan the QR code. If the copy of the certificate shows, then the product is genuine. In addition to this, there is a barcode as well that adds to its quality inspection.
Batch Information Link – if you want to know more about the product you are purchasing, you can refer to the batch information link. It is a website address.
A THC Quantity Statement – this is an important parameter. There must be a statement printed on the product that declares that THC’s quantity is less than 0.3%.
Hemp Extract Quantity – This parameter is measured in milligrams (mg).
How To Identify Quality CBD Oil?
Before going to any retailer or doing online shopping, check whether the business is reputable.
If yes, then the next step is to read the product labels and packaging. We have discussed those in detail in the section prior.
Do a thorough product origin inspection and look for its ingredients. In case, consider that you come across a fake retailer and he gives you a fake product. And it affects your health. Then it is a separate issue that the seller would be arrested or not. You have compromised your health. So, health should be your top priority, not saving a dollar by purchasing an unknown or dodgy brand.
Shipping, Mailing, & Travelling With CBD
Can You Mail CBD Products To Florida?
Mailing CBD products to Florida is legal as long as the CBD came from legally grown industrial hemp.
Can You Ship CBD Products From Florida?
Shipping CBD from Florida is legal as long as it came from legally grown hemp. Carriers such as FedEx, Purolator, and UPS all transport CBD products that meet federal and state regulations.
How Would You Ship CBD Oil, Cream, or Flowers?
CBD oil, cream, flowers, or any other part of the plant are legal in Florida to ship. However, some states do not allow these products to find out if the destination approves CBD product shipments before making the shipment.
Can You Ship CBD Products Internationally? From Canada? To Canada?
CBD can be shipped internationally to destinations that allow CBD products under their local and national laws. Places like Canada, where cannabis is recreationally legal, are more accepting. Still, one should always check for the most up to date laws at the destination location before sending any shipments.
Can You Travel With CBD Oil?
After the Farm Bill’s passing, you can travel freely with CBD Oil and its related products as long as THC’s amount does not exceed 0.3% in that product.
But still, always check the local laws where you wish to go. Maybe in that area, law enforcement might take possession of CBD and its related products very seriously.
Is Marijuana Legal In Florida?
Certainly not. Florida is one of the states that have stringent rules if someone is found to be indulged in its possession and sale. However, there is a medical marijuana program in the state.
Is Florida Recreational?
Florida has very harsh marijuana recreational laws. If you are found having less than 20grams of it, you are fined up to $1000 and one year of imprisonment. If greater than 20grams, you are declared as a felony and may be imprisoned anywhere from 5 to 30 years and fined up to $200,000. Even your driving license can be suspended for one year.
Do You Have To Be 18 To Buy Marijuana In Florida?
It is a controlled substance and has minimal use for medical purposes.
How Old Do You Have To Be To Buy Medical Marijuana?
There is no age specified, but for all the age groups, its possession is a severe crime under Florida Law.
How Old Do You Have To Be To Use Marijuana In Florida?
No matter how old you are, even its possession can put you in serious trouble. Only patients with severe medical conditions are allowed for its limited use.
Can You Buy Edibles Online Legally In Florida?
Edibles made with CBD derived from hemp are legal in the state of Florida. Edibles derived from marijuana are only available via a medical marijuana card.
Is Hemp Legal In Florida?
Hemp is legal in Florida as long as it contains 0.3% THC or less.
What Are Florida’s Hemp Laws?
In 2019 hemp became legal in Florida with Senate Bill 1020. This bill approved the Department of Agriculture to regulate a hemp pilot program. This program allows farmers to apply for a license to grow specific industrial hemp strains.
And these strains may be cultivated, processed, and their products possessed and used without legal recourse.
On April 16 of 2020, Sonia Jimenez, the Deputy Administrator of the Specialty Crops Program of the United States Department of Agriculture, signed off on Florida’s hemp plan as submitted by Nicole Fried, the Commissioner of Agriculture for the Florida Department of Agriculture and Consumer Services.
Can You Buy Hemp Wraps At 18 In Florida?
You have to be at least 18 years of age or above to buy hemp wraps in Florida.
Producing, Growing, Selling Hemp & CBD Oil
Is It Legal To Grow Hemp In Florida?
It is legal to grow hemp in Florida once licensed by the Department of Agriculture.
How Much Is A Hemp Growing License In Florida?
A license to cultivate hemp is free in the state of Florida.
Can You Get Legal CBD Seeds In Florida?
Florida law states that any part of the hemp plant is legal as long as it contains 0.3% THC or less. It includes seeds.
Is It Legal To Grow CBD Plants? What’s The Difference?
CBD comes from cannabis, which includes both hemp and marijuana. The difference between industrial hemp and marijuana is THC content. THC in industrial hemp must be 0.3% or less, and in marijuana, it is higher than 0.3%.
Either way, one requires special licensing in order to grow cannabis in Florida.
Do You Need A License To Sell Hemp In Florida?
A hemp license is required to be a seller of hemp extract products such as CBD edibles in Florida.
Do You Need A License To Sell CBD Oil In Florida?
In order to sell CBD oil and related products in Florida, one must obtain a Hemp License. This license costs $650 and is required to sell things like CBD edibles in the state.
Can You Sell CBD Oil Online?
Selling CBD oil is legal in Florida as long as it came from industrial hemp, and you have an approved license from Florida Agriculture and Consumer Services (FDACS).
Disclaimer: None of the information in this article should be construed as health or legal advice. We always recommend following the professional opinion of your physician or attorney and researching your own state’s laws for all of your purchases. Information current as of January 2021.