Soon after the US Federal government passed the Farm Bill, Governor Ron DeSantis signed the Florida state Bill 1020 in 2019, which legalized industrial hemp in Florida under the same limits and specifications of the Farm Bill. In addition to industry regulations, the bill also established a structure to ensure the purity and compliance of cultivated products for the protection of consumers.
In 2019, Florida also amended SB 182 which largely focused on the expanded use of medical cannabis products across the state. In this bill, the Florida state now clarifies that "low-THC cannabis not in a form for smoking" is exempt from use restrictions, even in many public areas.
The Florida position on hemp-derived cannabinoids like Delta-8-THC is pretty clear. The Florida state legislation clearly specifies that “hemp-derived cannabinoids” are not controlled substances. There is however, a concentration limit for hemp-derived Delta-9 concentrations—which can only be 0.3% or less on a dry weight basis.
CBD and CBG oils are legal in Florida as long as they follow various regulations on what qualifies as a “legal” CBD product in the state of Florida including:
- The label must include a barcode or QR code linked to third-party batch tests for the specific product
- CBD products must contain less than 0.08% THC by volume
- Any CBD products sold in Florida must come from vendors and sellers who are licensed through the state.
Medical Marijuana in Florida
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
Medical use of marijuana was legalized after the passing of Amendment 2 (Florida Medical Marijuana Legalization Initiative) in 2016 and Senate Bill 8A (Medical Use of Marijuana Act) later in 2017.
Pursuant to section 381.986(4)(f), Florida Statutes (F.S.), the Medical Marijuana Use Registry was updated on August 29, 2022, to implement Emergency Rule 64ER22-8, Dosing and Supply Limits for Medical Marijuana. This rule determines the daily dose amounts and supply limits for approved routes of administration of marijuana (excluding low-THC cannabis).
Section 381.986(4)(f)1., F.S., allows a qualified physician to request an exception to the daily dose amount for their qualified patient by electronically submitting the “Request for Exception” form in the Registry.
Patients must contact their qualified physician to inquire about the Request for Exception process. Certifications created before August 29, 2022, will not require a “Request for Exception” form, unless the physician alters the original order(s).
In Florida, recreational use of marijuana is still illegal. On July 25, 2022, Senate Majority Leader Chuck Schumer introduced a proposed bill entitled "The Cannabis Administration and Opportunity Act" which seeks to decriminalize marijuana and enable states to create their own cannabis-related laws. The amendment would allow recreational use of marijuana by people 21 or older and could also remove requirements that have made it expensive for smaller cannabis entrepreneurs to operate.
Section 581.217, Florida Statutes, is created to read:
581.217 State hemp program
(1) CREATION AND PURPOSE.-The state hemp program is created within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. 41 s. 1639p.
(2) LEGISLATIVE FINDINGS.-The Legislature finds that:
(a) Florida state defines hemp as an agricultural commodity.
(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.
(d) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including 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.
(e) “Hemp extract” means a substance or compound intended 66 for ingestion that is derived from or contains hemp and that 67 does not contain other controlled substances.
Section 2. Subsection (3) of section 893.02, Florida 893.02 Definitions.
The following words and phrases as used in this chapter shall have the following meanings unless the context otherwise requires:
(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473.