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Florida Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on June 3, 2024

Florida Weed Legality

Is Delta 9 Legal in Florida?

Yes, Delta 9 THC is legal in Florida, even without a medical card. This legality stems from the fact that if Delta-9 THC is derived from hemp and does not exceed a 0.3% concentration by dry weight, it is permissible to purchase in the state. If you’re interested in learning more about Delta-9 products and their effects, continue reading as we delve into hemp-derived Delta 9 THC and how is Delta-9 THC legal in Florida.

How Is Delta-9 THC Legal in Florida?

The federal legalization of hemp production through the 2018 Farm Bill paved the way for the legal status of various cannabinoids and hemp-derived products, including CBD, Delta-8, and Delta-9 THC, on a nationwide scale.

However, state-level regulations also play a crucial role. In 2019, Florida’s Hemp Bill SB 1020 legalized all cannabinoid products derived from the hemp plant within the state.

As of the current moment, there are no restrictions on the concentration of CBD or Delta-8 within products. However, the legality of hemp-derived Delta-9 THC is subject to a specific limitation. Products containing hemp-derived Delta-9 THC are permissible for purchase as long as the concentration remains at or below 0.3% on a dry weight basis.

It’s important to note that any hemp product used must adhere to Florida’s laws and regulations.

Please be aware: The pending 2024 legislation SB 1698 aims to establish limits on the milligrams of hemp-derived Delta-9 THC in certain products, potentially affecting the legality of Delta-8 THC in Florida. Nevertheless, this bill has not yet been enacted.

The following sections of SB 1020 delineate Delta-9 legality in Florida:

CS for SB 1020, 2nd Engrossed

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 581.217, Florida Statutes, is created to read:

581.217 State hemp program.—

(1) CREATION AND PURPOSE: The state hemp program is established within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of hemp cultivation pursuant to 7 U.S.C. 41 s. 1639p.


(a) Hemp is recognized as an agricultural commodity.

(b) Hemp-derived cannabinoids, including but not limited to cannabidiol, are not classified as controlled substances or adulterants.

(d) “Hemp” refers to the Cannabis sativa L. plant and any of its parts, including seeds, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, regardless of whether they are growing or not, with a total delta 9 tetrahydrocannabinol concentration not exceeding 0.3 percent on a dry-weight basis.

Can You Buy Delta-9 THC Products in Florida?

Yes, you can legally purchase Delta-9 THC products in Florida as long as they are derived from hemp and contain a concentration of Delta-9 THC at or below 0.3% on a dry weight basis. This legality is established under Florida’s Hemp Bill SB 1020, which legalized all cannabinoid products derived from the hemp plant in the state. However, it’s essential to ensure that any Delta-9 THC products you purchase comply with Florida’s laws and regulations regarding hemp-derived cannabinoids.

Is Delta 8 Legal in Florida?

Delta 8 THC is currently legal in Florida and is available for purchase at various smoke shops and gas stations. While Delta 8 is prohibited in 17 states and restricted in others, it has been authorized in Florida under a specific provision in the law.

In 2019, Florida revised its CBD regulations to align with the 2018 Farm Bill, legalizing hemp and hemp extracts, thus removing hemp-derived cannabinoids from the list of controlled substances.

However, if Gov. Ron DeSantis signs SB 1698 into law, it would reverse the provisions enacted in 2019.

Additionally, there’s a pending bill, HB 1269, in Florida that, if approved by voters, would limit THC to 30% in recreational marijuana, potentially impacting the availability of Delta 8 THC products.

Is THCA Legal in Florida?

Yes, THCA products are available for purchase in Florida without the need for a medical card, provided that the products adhere to the state’s guidelines for hemp-derived products. Florida permits both medical and non-medical consumers to obtain THCA, provided it contains less than 0.3% THC and complies with the state’s regulations.

What are the Differences between Delta 9 thc, Delta 8 THC, and THAC?

What is Delta 9 THC?

Delta-9 THC, a prominent chemical compound found in cannabis and hemp plants, is chiefly responsible for the euphoric effects associated with cannabis consumption. It stands out as the most prevalent form of THC in cannabis, capable of eliciting temporary alterations in perception and relaxation. However, it’s imperative to note that along with these positive effects, delta-9 THC can also trigger adverse reactions such as anxiety and dry mouth. The legal status of delta-9 THC varies from state to state within the United States, necessitating careful consideration when procuring THC-containing products to ensure both safety and quality.

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol, commonly referred to as delta-8 THC, represents another psychoactive compound present in the Cannabis sativa plant. While it is one among a plethora of cannabinoids naturally produced by cannabis, it isn’t typically found in substantial concentrations within the plant. Notably, delta-8 THC products lack evaluation or approval from the FDA for safe usage in any context and may be marketed in manners that pose potential risks to public health. Therefore, it’s crucial to store these products out of the reach of children and pets.

What is THCA?

THCA, or tetrahydrocannabinolic acid, serves as a naturally occurring cannabinoid within raw cannabis. Distinguished by its potential medicinal properties, THCA is particularly noteworthy due to its ability to convert into another cannabinoid, tetrahydrocannabinol (THC), upon exposure to heat. Unlike THC, THCA does not induce psychoactive effects or a “high” until it undergoes this transformation. It’s primarily present in the flowers of the cannabis plant, with higher concentrations found in fresh cannabis compared to dried varieties. While ongoing research delves into the health benefits and risks associated with THCA, it holds promise for potential medical applications in the future.

Difference Between Delta 9 THC, Delta 8 THC, and THCA

Delta-9 THC, Delta-8 THC, and THCA are distinct compounds found in cannabis, each with unique properties and effects. Here’s a comparison of their characteristics:

Characteristic Delta 9 THC Delta 8 THC THCA
Chemical Composition Delta-9 tetrahydrocannabinol (THC) Delta-8 tetrahydrocannabinol (THC) Tetrahydrocannabinolic acid (THCA)
Psychoactive Effects Euphoric, intoxicating Mild psychoactive effects Non-psychoactive until heated
Origin Most abundant THC compound in cannabis Found in small concentrations in cannabis Found in raw cannabis, precursor to THC
Legal Status Varies by state; regulated substance Not explicitly regulated; legal gray area Not regulated; considered non-psychoactive
Health Implications Potential for anxiety, dry mouth, relaxation Limited research on long-term effects Potential medicinal properties
FDA Approval Not approved; subject to regulations Not evaluated or approved by the FDA Not evaluated or approved by the FDA

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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Further Reading
Map of Recreational Weed Legality by States


Map of Recreational Weed Legality by States – Updated May 2024

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Tennessee Weed Legality


Tennessee Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

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Indiana Weed Legality


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Louisiana Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

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