Delta-8 and Hemp THC Laws in Florida

How Florida law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Hemp-derived THC products such as delta-8 are legal in Florida if they qualify as hemp: 'hemp' includes all derivatives, extracts, cannabinoids and isomers of the plant with no more than 0.3% total delta-9 THC (dry weight; Fla. Stat. §§ 581.217(3)(a), (e)-(f), (7); 893.02(3)

Delta-8 and hemp THC products	Hemp-derived THC products such as delta-8 are legal in Florida if they qualify as hemp: 'hemp' includes all derivatives, extracts, cannabinoids and isomers of the plant with no more than 0.3% total delta-9 THC (dry weight; wet weight for hemp extract), and hemp is excluded from the controlled-substance definition of cannabis. Hemp extract may be sold only with an independent lab certificate of analysis, a QR code or barcode linked to it, batch number, expiration date and milligrams of each cannabinoid per serving, in child-resistant packaging that is not attractive to children (no human, cartoon or animal shapes, candy look-alikes or color additives). Hemp extract products for ingestion or inhalation may not be sold to anyone under 21; a violation is a second-degree misdemeanor, first-degree for a repeat within 1 year. Cannabis definition: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893.html . Last amended by ch. 2023-299 (2023) per the section history. Read in The 2026 Florida Statutes (Online Sunshine). Degree penalties (Fla. Stat. § 775.082, from the existing state record): first-degree felony up to 30 years; second-degree felony up to 15 years; third-degree felony up to 5 years; first-degree misdemeanor up to 1 year; second-degree misdemeanor up to 60 days. Source: Fla. Stat. §§ 581.217(3)(a), (e)-(f), (7); 893.02(3)

Delta-8 and hemp THC products

Hemp-derived THC products such as delta-8 are legal in Florida if they qualify as hemp: 'hemp' includes all derivatives, extracts, cannabinoids and isomers of the plant with no more than 0.3% total delta-9 THC (dry weight; wet weight for hemp extract), and hemp is excluded from the controlled-substance definition of cannabis. Hemp extract may be sold only with an independent lab certificate of analysis, a QR code or barcode linked to it, batch number, expiration date and milligrams of each cannabinoid per serving, in child-resistant packaging that is not attractive to children (no human, cartoon or animal shapes, candy look-alikes or color additives). Hemp extract products for ingestion or inhalation may not be sold to anyone under 21; a violation is a second-degree misdemeanor, first-degree for a repeat within 1 year.

Cannabis definition: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/0893.html . Last amended by ch. 2023-299 (2023) per the section history. Read in The 2026 Florida Statutes (Online Sunshine). Degree penalties (Fla. Stat. § 775.082, from the existing state record): first-degree felony up to 30 years; second-degree felony up to 15 years; third-degree felony up to 5 years; first-degree misdemeanor up to 1 year; second-degree misdemeanor up to 60 days.

Source: Fla. Stat. §§ 581.217(3)(a), (e)-(f), (7); 893.02(3)

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FAQ

Is delta-8 legal in Florida?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.