CBD Oil Florida: 2022 Legal Status Guide
When it comes to CBD oil Florida legislation and regulations, it’s understandable that there’s a lot of confusion. The Sunny State has changed its attitude towards cannabis and CBD many times over the last 90ish years.
Luckily, our legal status guide is here to provide you with all the necessary info on everything you need to know regarding cannabinoids in Florida. Is CBD oil legal to use and sell? Is it legal to grow hemp in Florida?
Keep reading to find out!
Is CBD Legal in Florida?
The 2018 Farm Bill legalized products made from industrial hemp, including CBD oil. So, yes, CBD is, in fact, legal in Florida. However, there are a few catches. To understand these catches and the law itself, you must first learn how to differentiate between:
CBD vs. Marijuana vs. Hemp
People often confuse hemp and marijuana, thinking they’re one and the same. The reason being, Florida CBD oil lawmakers talk about hemp, marijuana, and CBD without addressing the differences, which complicates matters even more.
So, let’s clear things up a bit and explain the subtle nuances in simple terms. Knowing the difference between hemp and marijuana can save you a lot of legal trouble. Namely, the issue is that the plants look almost identical and smell the same — hence the confusion.
Even though they come from the same plant family, they differ in THC levels. Tetrahydrocannabinol (THC) is one of a hundred cannabinoids from within the plant — and this cannabinoid, in particular, has psychoactive effects (in other words, it gets you “high”).
Now, Florida CBD law states that on a dry weight basis, for something to be labeled as marijuana, it has to contain more than 0.3% THC, making it illegal in Florida.
On the other hand, hemp has less than 0.3% THC, can’t get you “high,” and is perfectly legal.
So, where does that leave CBD?
CBD, or cannabidiol, is one of a hundred cannabinoids that naturally occur in the hemp plant. It’s extracted from hemp in the form of CBD oil, which is then taken as is, enriched with flavors, or infused into other products — gummies, creams, capsules, etc.
CBD Oil Florida Legislation Timeline
Like many other states, Florida has had a complicated relationship with cannabis and CBD over the years. Here’s a brief timeline of CBD laws in Florida, so you can have a better understanding of what’s going on today.
It all started with marijuana, and it didn’t go well:
1933: Marijuana prohibition — the Tampa Police Department prohibited marijuana use after a marijuana user, who has also been treated for a mental illness, murdered his family. And, of course, these murders were immediately attributed to marijuana use. As such, it also brought about some terrifying cannabis and CBD Florida laws.
1985: Major possession conviction — the authorities found marijuana plants on a watermelon farmer’s land. Five years later, he was sentenced to life in prison.
2014: Senate Bill 1071 — the state made its first steps towards legalizing medicinal marijuana. The Bill approved the use of Charlotte’s Web — a single non-euphoric strain for epilepsy patients. Finally, low-THC CBD in Florida became legal for epilepsy patients.
2016: The Florida Amendment 2 — the Florida Medical Marijuana Legalization Initiative succeeded in its second try to make medicinal marijuana legal for all patients suffering from debilitating illnesses.
2017: Florida Amendment 2 goes into effect — January 2017 was crucial for medical marijuana patients. The Amendment went into effect, but some strict conditions allowed only certain patients to get approved for medicinal cannabis use. The illnesses included:
- Multiple Sclerosis
- Parkinson’s Disease
- Crohn’s Disease
- And any other similar debilitating condition where a doctor feels that medicinal cannabis would benefit the patient
2019: Florida Hemp Bill — the SB 1020 finally made CBD legal for everyone in Florida. The Bill stated that hemp, hemp extracts, and CBD products were no longer classified as controlled substances, provided they have less than 0.3% THC on a dry weight basis.
It also expanded the medical cannabis industry and allowed more dispensary licenses.
Despite CBD now being legal in Florida, you could still face some potential legal issues if you’re not careful enough.
For instance, the 2018 Farm Bill made CBD with less than 0.3% THC on a dry weight basis legal on a federal level. However, since the 2019 SB–182, Florida laws regarding CBD overrule federal regulations from the 2018 Farm Bill.
So, what does this mean? Is CBD oil legal in Florida or not?
According to the SB–182, low-THC CBD is legal in Florida as long as:
- It has up to 0.8% THC per volume
- It has more than 10% CBD
Please note that you need to have a medical marijuana card (MMJ) and a doctor’s recommendation to use low-THC CBD. Otherwise, it’s considered illegal.
CBD oil is legal for everyone , as long as it’s made from industrial hemp. You can consider CBD oil legal in Florida as far as it has less than 0.3% THC.
- Any CBD products sold or possessed in Florida have to be compliant with state law.
- Every person in possession of non-regulated CBD products faces criminal charges — a $5,000 fine (at the most) and three years in prison.
- Having CBD products compliant with the 2018 Farm Bill but not compliant with the SB–182 is considered illegal in Florida.
Possession Limits for CBD Oil in Florida
The state hasn’t set limits on how much CBD a person can possess.
However, medical marijuana patients may purchase and possess up to four ounces of cannabis. This is totally legal as long as they have a doctor’s recommendation and buy from state-licensed dispensaries.
Is it Legal to Grow Hemp in Florida?
Only if you’re a licensed hemp grower and you’re over 18 years old. Besides obtaining a license, you’ll also need to follow specific hemp cultivation site statutes.
For example, you’ll need to have an ORI number assigned by the FDACS and a hemp containment and transportation plan.
Licensed growers must also get their hemp sampled and tested for THC compliance within 15 days of harvest.
Can You Buy CBD Oil in Florida Legally?
Of course, you can. Just be careful about the different factors we mentioned above. Make sure the oil is compliant with the Hemp Bill as well as the Farm Bill. Check whether it has less than 0.3% THC.
Moreover, pay close attention to the CBD brand you’re buying from. To make sure you’re getting a high-quality, safe product, check the following:
- Hemp source — hemp sourced from the States is usually the safest. For example, American states have the strictest hemp cultivation laws that result in the purest hemp and CBD around. Their hemp mostly complies with the CBD oil Florida laws .
- Extraction process — there are a couple of cannabinoid extraction processes , including solvent, olive oil, CO2, and nano extraction. So far, the CO2 method has given the best results and the purest and cleanest CBD oil.
- Third-party testing — independent lab test results will show you whether the CBD oil is indeed pure and free from any toxins and harmful ingredients, as the brand claims.
Where to Buy CBD Oil in Florida
Florida doesn’t have any clear restrictions on which businesses can sell CBD products. You can find CBD oil practically anywhere — health food stores, CBD shops, convenience shops, etc.
This leaves you with lots of options. However, the safest way would be to order CBD products online from brand-specific websites.
If you decide to buy it from a shop, look for a state-licensed CBD oil Florida dispensary or a trusted retailer.
Can CBD Oil be Shipped to Florida?
As long as it complies with Florida laws and has less than 0.3% THC, any CBD product can be shipped to Florida.
Will CBD Show on a Drug Test?
No, CBD won’t show on drug tests because there’s no screening for CBD since it’s not an illegal substance. However, there is a possibility for THC from CBD oil to build up gradually in your body and make you test positive despite the fact you’ve never felt “high”.
If you want to avoid testing positive, buy your CBD products only from reliable sources.
Thanks to the 2018 Farm Bill and 2019 Hemp Bill, all Florida residents can enjoy the incredible benefits of CBD oil.
The laws aren’t simple, that’s for sure. But, we hope that our breakdown of the law and its history helped you understand it a bit better so you can enjoy CBD freely and without any fears.
Is CBD legal in Florida in 2021?
CBD is legal in Florida as long as it’s compliant with state laws. To be more precise, based on the SB–182, CBD is legal as long as:
- It has up to 0.8% THC per volume
- It has more than 10% CBD
If you’re caught in possession of non-regulated CBD products, you could end up in jail for three years, besides paying a fine of $5,000.
Can you travel to Florida with CBD oil?
Yes, you can legally enter Florida with CBD oil in your suitcase. Just make sure that the oil is compliant with state limits. You can also contact the airline or the oil manufacturer if you’re not 100% sure about the CBD oil you will be carrying with you.
On the other hand, while as a patient you are allowed to use medical marijuana in Florida, you are not allowed to travel with it since THC is classified as a Schedule 1 drug.
Is hemp legal in Florida?
Yes, hemp is legal in the Sunny State. As previously mentioned, hemp is different from marijuana. It has less than 0.3% THC — in other words, it doesn’t have psychoactive effects.
You can also grow it or sell it if you have a license and you’re over 18 years old.
Is CBD flower legal in Florida?
The State law states that any part of the plant, as well as extracts, with less than 0.3% THC are legal. This includes CBD flowers too.
Is CBD oil taxable in Florida?
CBD oil is taxable in the Sunny State as a TPP (tangible personal property). The only exception is if it sells as a medicinal product, i.e., if it’s sold by a Medical Marijuana Treatment Center.
There is also no excise tax on medical marijuana sales. However, when it comes to purchases of medical marijuana, the statewide retail sales tax amounts to 6%.
Do you need a prescription for CBD oil in Florida?
You don’t need a prescription to buy CBD oil if it contains less than 0.3% THC. However, you must have an MMJ and a doctor’s recommendation to purchase low-THC CBD with up to 0.8% THC.
To be eligible for a card, you need to be diagnosed with one of the following medical conditions:
- Crohn’s disease
- Parkinson’s disease
- Multiple sclerosis.
How much is a CBD (MMJ) card in Florida?
To buy a medical marijuana card in Florida, you’ll need to spend $398 for physician fees, plus $75 for a registry application fee, i.e., $473 per year.
To qualify for a medical marijuana card, you’ll have to visit your physician, who will see if you’re eligible to get a prescription for medical marijuana.
Next, you need to pay the mentioned registry application fee of $75 and wait between 7–21 business days for the Florida Department of Health to send you approval confirmation. With this confirmation, you can buy medical marijuana even if you still haven’t received your MMJ.
Keep in mind that, according to Florida la w, you need to renew your certification every 210 days .
About the Author
Mirjana is an experienced content writer with a master’s degree in English philology and literature. An avid reader, dark chocolate connoisseur, and coffee addict, she is passionate about writing quality content based on thorough research and facts. Health, animals, literature, and human relationships are just some of the topics she has covered so far.
Where to Buy CBD Oil in Florida? Hemp Oil Laws & Legality (2022)
Florida is a quite progressive state when it comes to cannabis laws. Residents with a medical marijuana card can purchase CBD oil that contains considerable amounts of THC if they suffer from one of the eligible conditions. More people than ever in Florida are interested in the health benefits of CBD oil.
But did you know that the state of Florida also allows the sale of hemp-derived CBD products? To make things better, you don’t need a prescription to purchase CBD oil from hemp. These products are easily available over the counter in pharmacies, organic food stores, and vape shops as long as they contain 0.3% THC or less.
If you want to buy CBD oil in Florida, you have two options: either shop online or look for a reliable vendor somewhere near you.
In this article, you’ll learn about both methods on top of Florida’s laws with regard to cannabis and its derivatives.
Let’s get started!
Where to Buy CBD Oil in Florida?
Florida is a great place to buy CBD oil thanks to a booming market. CBD products are everywhere, from local organic food stores to vape shops and pharmacies. Today, however, most CBD transactions are made online. It’s no wonder that people are choosing to purchase CBD that way. In this section, we explain why finding a reliable online supplier is the best way to get your hands on quality CBD products in Florida.
Reasons to Shop for CBD Online
Buying CBD online offers a few benefits that you won’t find in local stores. It’s by far the most convenient way to buy CBD oil in Florida.
Online stores generally have a greater variety of products in stock. When buying CBD online, you can browse through products like tinctures, capsules, balms, lotions, edibles, concentrates, vape juice, and even pet products, whereas local vendors typically have one or two forms of CBD from a limited number of companies.
It’s just easier to compare products from several brands without wasting time driving around time to find the right CBD oil for your needs.
You can also do a quick research about the products you order. All you need to do is read through a company’s website, find their mission statements and CBD sourcing details, read reports from the third-party lab analysis, or reach out to other users on social media groups and forums for detailed advice.
It would be difficult to run a thorough research on a brand in a physical store, especially now that many manufacturers are churning out products with less CBD than listed on the bottles. Others use unwanted additives, such as solvents, synthetic flavorings, or pesticides.
Doing your homework before buying CBD oil will help you weed out mediocre companies from high-quality suppliers within minutes.
Royal CBD – Full Spectrum
- Made from locally grown organic hemp
- Extracted with supercritical CO2
- Infused with full-spectrum CBD
- Available in 4 strengths and flavors
- Up to 2500 mg of CBD per bottle
- 3rd-party tested for potency and purity
- Great Berry flavor
- Sourced from US-grown organic hemp
- Contains full-spectrum CBD
- Up to 80 mg CBD/mL
- Great potency range for beginners
- Third-party tested for potency and purity
- Great kiwi-honey flavor
Local CBD Retailers in Florida
If you still prefer to shop for CBD locally in Florida, this section contains a list of several places that may be able to help you find the right products and answer your questions about your goals with CBD.
See if you can find your city on the list!
CBD Stores in Miami
- Trulieve Miami
- Miami 420 Marijuana Doctor
- Miami Vapor Shop
CBD Stores in Orlando
- Trulieve Orlando
- KNOX Cannabis Dispensary
- Orlando 420 Marijuana Doctor
CBD Stores in Jacksonville
- Trulieve Jacksonville
- Your CBD Store
- Laughing Grass
Is CBD Oil Legal in Florida?
The legality of CBD products varies between states depending on their source.
CBD can be extracted from hemp and marijuana, and although they come from the same family of plants, their chemical profiles are worlds apart — especially when it comes to their cannabinoid ratios.
Marijuana-derived CBD oil will contain higher levels of THC, the intoxicating cannabinoids. Such products are federally illegal under the Controlled Substances Act of 1970, but individual states have the right to introduce their own regulations on marijuana. So far, 11 states have legalized weed for recreational use; unfortunately, Florida isn’t one of them.
Wondering where to buy CBD oil in Florida?
Hold your horses, we need to make sure that you know the quality criteria for choosing the right product.
How to Buy CBD Oil in Florida?
The CBD market in North America lacks regulation when it comes to manufacturing and labeling CBD products. It’s important that you’re able to distinguish between a premium product and a poorly manufactured one.
Follow these steps to save time and money on shopping for CBD:
- Only buy from companies that can provide lab reports for their products. Third-party laboratories will analyze the CBD content of the product to verify if the amount of CBD matches the one advertised on the bottle. They will also look for contaminants and unwanted additives such as heavy metals, pesticides, solvents, and mycotoxins. If a company doesn’t share the lab reports anywhere on their website, or at least on request, you shouldn’t trust it.
- Choose full-spectrum CBD. If a product is labeled as “full spectrum,” this means it was made using the entire hemp plant, so it contains all beneficial compounds from it. This includes CBD, trace cannabinoids, terpenes, and flavonoids, which allow the body to process CBD more efficiently. Full-spectrum extracts are considered more effective than isolates due to that trait.
- Opt for CO2-extracted products. CO2 extraction is by far the best method to make CBD products because it doesn’t use additional heat or solvents. CO2-extracted products are consistently potent throughout all batches, without toxic solvent residue at the bottom. The equipment necessary for CO2 extraction is also expensive, so it’s a sign that the company is ready to invest in quality.
- Organic hemp is the best source of CBD oil. Hemp plants are bioaccumulators; in other words, they can absorb both the good and the bad substances from the soil they grow in. The best CBD oils in Florida are made from organic hemp grown in open-air farms without pesticides or growth boosters.
- Avoid companies making outrageous claims about CBD. CBD isn’t a miracle drug, even though it can help with a wide range of health problems. If you see a company claiming that its CBD oil can cure cancer or something in a similar manner, you should avoid that company.
Let’s quickly cover the legal status of both sources of CBD in Florida.
Hemp CBD Oil in Florida
As mentioned earlier, CBD oil is legal in all 50 states. You can find it in tinctures, capsules, creams, concentrates, vape liquid, and even pet products.
The CBD oil we’re talking about comes from mature hemp plants that contain less than 0.3% of THC and therefore can’t produce the psychoactive high.
In 2018, the federal government legalized hemp by removing it from the list of controlled substances. Before the new law, hemp had been held in the same category of drugs as LSD and heroin. Today, hemp is an agricultural crop that can be grown for any use, including food, clothing, fuel, housing, and supplements such as CBD oil.
You can buy CBD oil without a doctor’s prescription.
Products with a THC content higher than 0.3% are only available for medical marijuana patients in state-licensed dispensaries.
Marijuana CBD Oil in Florida
Florida has a bumpy history with marijuana. In 1933, a young man named Victor Licata mutilated his family members — parents, two brothers, and sisters — with an ax. He had been previously treated for mental illness, but the police attributed his atrocious act to marijuana cigarettes. As it was later shown after the murder, there was no evidence that Licata used marijuana at the time or generally in his life.
Today, marijuana is illegal for recreational use. Possession of fewer than 20 grams of marijuana is punishable with one year in prison and a fine. Any amounts above that number can result in 5 years in jail and a suspended driver’s license — even if your charges had nothing to do with driving.
Can Doctors Prescribe CBD Oil in Florida?
In 2014, governor Rick Scot signed Senate Bill 1071, legalizing a single non-intoxicating hybrid strain of marijuana — Charlotte’s Web — as a treatment for those with epilepsy.
Since then, Florida has expanded its medical marijuana program, adding new qualifying conditions and products to the list. In 2016, the state lawmakers approved Amendment 2 in 2016, succeeding with a definite majority of the votes (71.3%).
If you want to apply for a medical marijuana card in Florida, you must have one of the following conditions:
- Crohn’s disease
- Multiple Sclerosis
- Any other condition where a doctor considers marijuana the most beneficial treatment for the patient.
You can obtain a medical marijuana card if you can prove that you have tried other treatments but to no avail.
Unfortunately, Florida residents aren’t allowed to grow their own weed. As a patient, you must buy marijuana from one of the state-licensed medical dispensaries.
Summary: What’s the Best Way to Buy CBD Oil in Florida?
Florida has recently made progress when it comes to its cannabis laws. The Florida government has established a comprehensive medical marijuana system for its residents, allowing patients with a medical marijuana card to use marijuana and its derivatives as an alternative treatment for their medical conditions.
If you don’t have a medical marijuana card, you can purchase hemp-derived CBD oil. Such products are legal in all 50 states and you don’t need a prescription for them. There are many places across the state where you can find CBD supplements. However, if you’re looking for the best deals on CBD oils in Florida, we recommend that you find a reliable online store. Doing so will save you time and money.
Regardless of your shopping choices, remember to do your research on any company selling CBD out there — and that you base your decision on facts, not marketing slogans.
Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.
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CBD Oil in Florida: Is It Legal & Where to Buy in 2022?
Florida has recently made progress towards medical marijuana, allowing patients with a medical marijuana card to obtain CBD oil that contains a significant level of THC if they have a qualifying condition. Therefore, it’s no wonder that more and more people become interested in the health benefits of CBD oil.
But did you know that Florida also allows the sale of CBD products without prescription? Of course, the friendly law applies to hemp-derived products that contain less than 0.3% THC and thus provide the benefits of CBD without the buzz.
If you’re looking for the best places to buy CBD oil in Florida, this article covers everything you need to know about the local market as well as online options.
After reading our guide, you’ll be able to easily weed out unreliable companies and quickly get the right product for your CBD needs.
CBD Oil in Florida 101: Laws Surrounding Hemp & Marijuana
The legal status of CBD can be murky and vary between states.
That’s because different rules apply to hemp and marijuana when it comes to making CBD products.
Marijuana-derived CBD oil will contain significant levels of THC, the intoxicating compound. Marijuana is considered federally illegal, along with its derivatives, although individual states can regulate their legality within their jurisdictions. To date, 11 states have legalized recreational use of marijuana, with 33 states having some sort of medical marijuana program.
Laws surrounding hemp are even more liberal in Florida.
Let’s break down the legal intricacies behind hemp and marijuana.
Is Marijuana CBD Oil Legal in Florida?
Marijuana was not off to a good start in Florida.
In 1933, a young man named Victor Licata murdered his parents, two brothers, and sisters with an ax. Although he had been previously treated for mental illness, the police report and press associated his violent crime to marijuana cigarettes. As it was shown later after the murder, there was no evidence to back up Licata’s alleged marijuana use.
In 1985, a Florida watermelon farmer was arrested for having marijuana plants on his land. The state court convicted him and gave him probation. However, 5 years later, the federal government punished him to life in prison for the same offense.
As of today, possession of fewer than 20 grams of marijuana can result in 1 year in prison and a fine. Anything above that figure can land you in jail for up to 5 years, not to mention a suspended driver’s license even if your crime was unrelated to driving.
Although the state of Florida still doesn’t allow recreational marijuana use, it’s possible to join its medical marijuana program.
Is Marijuana CBD Oil Legal for Medical Use?
Florida made first progress towards medical marijuana in 2014 when governor Rick Scot signed Senate Bill 1071 into law, approving a single non-intoxicating strain of marijuana — Charlotte’s Web — to be used as a treatment for those with epilepsy.
Charlotte’s Web doesn’t contain enough THC to get the user high.
After two years of struggle to expand Florida’s medical marijuana system, the state lawmakers reintroduced Amendment 2 in 2016, succeeding with 71.32% of the votes. Residents of Florida can now access medical marijuana to relieve their medical conditions.
If you want to buy medical marijuana CBD oil in Florida, you must be suffering from one of the debilitating conditions listed in Amendment 2. These conditions include:
- Crohn’s disease
- Multiple Sclerosis
- Parkinson’s Disease
- Any other debilitating medical condition of similar nature where a doctor deems medical marijuana treatments beneficial for the patient.
Applications for a medical marijuana license can be filed if the patient has tried other treatments without success.
Unfortunately, the Florida Amendment 2 doesn’t allow growing your weed. You must buy your medicine from one of the state-licensed dispensaries.
How does CBD oil from hemp fit into this?
Is Hemp CBD Oil Legal in Florida?
CBD oil is available in different forms, such as tinctures, capsules, balms, creams, edibles, vape juice, and even pet products.
The CBD oil that comes from mature hemp plants contains less than 0.3% of THC and thus can’t get the user high.
In 2018, President Trump signed the amended version of the 2014 Agricultural Act, removing hemp from the Controlled Substances Act. Hemp is now an agricultural commodity and can be grown, manufactured, and sold for a variety of purposes.
If your CBD oil is produced from industrial hemp plants, you can legally buy it in Florida over the counter.
You don’t need a doctor’s prescription to purchase this type of CBD.
Products with a THC content higher than the federally accepted limit are only available in medical dispensaries for patients with a medical marijuana license.
Wondering how to buy hemp-derived CBD oil in Florida?
Here are a few handy tips.
Shop for CBD Oil Online to Get the Best Products in Florida
Purchasing CBD online comes with a few perks that you won’t find in-store. It’s by far the easiest and the most convenient way to find quality products in Florida.
Online stores generally have more types of CBD in stock. When buying CBD online, you have access to the whole world of CBD products, whereas local stores usually offer two or three forms of CBD from a limited number of brands.
It’s just easier to compare products from several companies quickly, without having to drive around searching for reliable local stores.