- Federal laws allow Floridian consumers aged 18 years and older to buy CBD oil (cannabidiol) since former US President Trump signed the 2018 Farm Bill(1).
- Licensed dispensaries, hemp growers, and processors based in Florida can legally harvest, produce, and sell CBD and industrial hemp products(2).
- The Florida State Hemp Program allows individuals to bring hemp products, including CBD oils, in and out of the state(3).
- Consumers can purchase CBD oil products without a prescription, granted that the products contain less than 0.3% tetrahydrocannabinol (THC) by dry weight, which is considered low THC levels(4).
Is CBD Oil Legal in Florida?
The legality of hemp-based CBD products only applies on a federal level in Florida. Historically, all cannabis varieties, including hemp and marijuana, were categorized as Schedule I drugs by the 1970 Federal Controlled Substances Act(5).
The law defined Schedule I narcotics as drugs, substances, or chemicals that have no accepted medical use in treatment in the US, have a high potential for abuse, and lack any accepted safety for their usage under medical supervision.
Congress legalized hemp cultivation through the 2018 Hemp Farming Act(6), which differentiated hemp from marijuana. This law defines hemp as cannabis with less than 0.3% THC concentration by weight, while marijuana has more.
Further, the 2018 Farm Bill passage allowed the US Food and Drug Administration (FDA) to regulate CBD’s circulation in the market.
The FDA has previously warned companies engaged in deceptive marketing of unproven treatments promoting CBD for medical conditions(8).
Florida CBD Laws
The 2018 Farm Bill’s passage affirms the legality of CBD products that contain less than 0.3% THC by dry weight and are distributed through licensed vendors only.
These laws are related to the legalization of CBD in the state of Florida:
Compassionate Medical Cannabis Act of 2014 (SB 1030)
The state law permitted patients with terminal illnesses or those with epilepsy, muscle spasms, and cancer to seek a doctor’s recommendation for purchasing medical marijuana.
Florida Medical Marijana Legalization Initiative (Amendment 2)
The initiative design explicitly called for the legalization of medical marijuana for the treatment of patients with the following medical conditions:
- Human immunodeficiency virus (HIV)
- Acquired immunodeficiency syndrome (AIDS)
- Post-traumatic stress disorder (PTSD)
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis.
Medical Use of Marijuana (SB 182)
Eventually, Republican Gov. Ron DeSantis signed Senate Bill 182, which lawmakers passed in March 2019. This motion came after the Supreme Court ruled out the ban on smokable forms of marijuana(11).
State Hemp Program (SB 1020)
In July 2019, Florida state lawmakers passed Senate Bill 1020 or a State Hemp Program that explicitly highlighted the 2018 Farm Bill’s definition of hemp as a plant with less than 0.3% THC by dry weight(12).
Hemp cultivation licensing in Florida is free of charge.
As emphasized by the Florida Department of Agriculture and Consumer Services (FDACS), it does not contact applicants about the status of their hemp cultivation license.
Routine background checks are part of the permitting process. Applicants must have an ORI number (Originating Agency Identifier) assigned by the FDACS to complete a background check.
Upon licensure, applicants must contact the FDACS Office of Agricultural Water Policy and schedule an appointment for enrollment in agricultural best management practices (BMPs).
Hemp producers obtain a presumption of compliance with water quality standards upon enrollment in the FDACS BMP program. Under Florida Law, this is a requirement in areas covered by Basin Management Action Plans.
More information is available at the official FDACS website:
The FDACS Division of Plant Industry provides a list of approved laboratories designated for THC testing.
|ACS Laboratory, LLC||Roger Brown
|Accuscience Laboratories||Dr. Harry Behzadi
|Americanna Laboratories, LLC||Steven Perez
|Kaycha Labs||Cynthia Brewer
|Waters Agricultural Laboratories, Inc||Jessica L. Moss
Buying CBD Legally
There are some important considerations before buying CBD oil in Florida.
Consumers should research a CBD brand before purchasing its products. A responsible brand includes comprehensive lab test results of its products on its website.
Third-party lab results or the certificate of analysis (COA) confirms the potency of CBD products.
These lab results typically include cannabinoid and terpene profiles for consumers to check and compare the exact amount of CBD present with what was indicated on the label.
Most results also include contaminant profiles that detail whether a brand’s CBD product lacks harmful contaminants, such as pesticides, heavy metals, or solvents.
Consumers must also carefully read a product’s label and packaging and look for the following details:
- Amount of CBD per serving
- Net weight
- Manufacturer’s name
- Batch number or code
- List of ingredients
- Suggested usage
- Type of CBD
How to Choose Which CBD Products to Purchase
For instance, a company that offers CBD-infused topicals may recommend a salve to athletes or individuals who are physically active to relieve pain after a workout.
Customers looking for particular CBD stores in Florida may also browse the Better Business Bureau (BBB) website, which gathers consumer reports and reviews on various businesses and only accredits credible entities(14).
Where to Buy CBD Products Legally
Customers can typically buy quality products from health and wellness retailers and dispensaries.
Consumers may also purchase CBD online directly through a particular brand’s website.
Some of the highest-rated CBD stores in Florida based on BBB listings include the following(15):
Phone: (888) 930-9395
Canna Doctors of America LLC
Phone: (855) 949-2266
Total Health Guidance, LLC
Phone: (321) 332-6984
What is CBD?
What is the Difference Between Hemp and Marijuana?
What Are The Different Types of CBD?
A product is federally legal to purchase and possess, provided the product contains a THC concentration within the FDA-approved amount.
How Are CBD Oil and Medical Marijuana Different?
Like all 50 states in the United States, consumers in Florida can legally purchase CBD products, provided they meet the conditions described in the 2018 Farm Bill.
The standard qualifying condition that makes a CBD product federally legal is that it should have less than 0.3% THC on a dry weight basis.
*The information shared in this article was based on findings retrieved on November 18, 2020. The legality and regulations for CBD may change without notice.
- Farm Bill. U.S. Department of Agriculture. Retrieved from https://www.usda.gov/farmbill
- UF/IFAS Industrial Hemp Pilot Project. University of Florida. Retrieved from https://programs.ifas.ufl.edu/hemp/faq/
- CS/CS/SB 1020: State Hemp Program. The Florida Senate. Retrieved from https://www.flsenate.gov/Session/Bill/2019/1020/?Tab=Amendments
- FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). U.S. Food & Drug Association. 2020 Oct 1. Retrieved from https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
- Comprehensive Drug Abuse Prevention and Control Act of 1970. FindLaw. 2019 February 4. Retrieved from https://criminal.findlaw.com/criminal-charges/comprehensive-drug-abuse-prevention-and-control-act-of-1970.html
- H.R.5485 – Hemp Farming Act of 2018. Congress.gov. Retrieved from https://www.congress.gov/bill/115th-congress/house-bill/5485
- FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). Op cit
- Warning Letter – Curaleaf, Inc. U.S. Food & Drug Administration. 2019 July 22. Retrieved from https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/curaleaf-inc-579289-07222019
- CS/CS/SB 1030: Cannabis. The Florida Senate. Retrieved from https://www.flsenate.gov/Session/Bill/2014/1030
- Florida Medical Marijuana Legalization, Amendment 2 (2016). Ballotpedia. Retrieved from https://ballotpedia.org/Florida_Medical_Marijuana_Legalization,_Amendment_2_(2016)
- CS/CS/CS/SB 182: Medical Use of Marijuana. The Florida Senate. Retrieved from https://flsenate.gov/Session/Bill/2019/00182
- Florida Senate Bill 1020. LegiScan. Retrieved from https://legiscan.com/FL/text/S1020/id/2011134
- CS/CS/SB 1020: State Hemp Program. Op cit
- Mission and Vision. Better Business Bureau. Retrieved from https://www.bbb.org/mission-and-vision
- Category: CBD Oil near FL, USA. Better Business Bureau. Retrieved from https://www.bbb.org/search?filter_ratings=A&filter_state=FL&find_country=USA&find_entity=81000-800&find_id=81000-800&find_text=CBD%20Oil&find_type=Category&page=1&sort=Rating&touched=8
- R de Mello Schier, A., P de Oliveira Ribeiro, N., S Coutinho, D., Machado, S., Arias-Carrión, O., A Crippa, J., … & C Silva, A. (2014). Antidepressant-like and anxiolytic-like effects of cannabidiol: a chemical compound of Cannabis sativa. CNS & Neurological Disorders-Drug Targets (Formerly Current Drug Targets-CNS & Neurological Disorders), 13(6), 953-960.
- Leizer, C., Ribnicky, D., Poulev, A., Dushenkov, S., & Raskin, I. (2000). The composition of hemp seed oil and its potential as an important source of nutrition. Journal of Nutraceuticals, functional & medical foods, 2(4), 35-53.
- Silvestro, S., Mammana, S., Cavalli, E., Bramanti, P., & Mazzon, E. (2019). Use of Cannabidiol in the Treatment of Epilepsy: Efficacy and Security in Clinical Trials. Molecules (Basel, Switzerland), 24(8), 1459. https://doi.org/10.3390/molecules24081459
- Maayah, Z. H., Takahara, S., Ferdaoussi, M., & Dyck, J. R. (2020). The anti-inflammatory and analgesic effects of formulated full-spectrum cannabis extract in the treatment of neuropathic pain associated with multiple sclerosis. Inflammation Research, 1-10.
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