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Is CBD oil legal In Florida?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Florida CBD laws
  4. Where to buy CBD in Florida
  5. How to read CBD labels and packaging

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CBD oil has exploded in popularity thanks to the many potential therapeutic properties associated with

Yes. Hemp-derived cannabidiol (CBD) oil is legal in Florida and medical marijuana patients have access to CBD oil with higher levels of THC.

Since the passage of the Hemp Farming Act of 2018, which provided states with the power to legislate and establish frameworks for hemp and hemp-derived products, lawmakers in Florida have been crafting the state’s rules regarding industrial hemp and hemp-derived CBD. While many rules remain pending as policymakers finalize details, the bulk of Florida’s hemp and hemp CBD laws are now in place.

Currently, CBD products are legal in Florida as long as they were extracted from hemp plants with less than .3% THC by weight. Registered medical marijuana patients in Florida have access to CBD products with higher levels of THC.

What is CBD?

CBD is the cannabis plant’s second most prevalent cannabinoid. Generally speaking, CBD is said to offer several therapeutic and medicinal qualities without the intoxicating buzz. CBD can be sourced from both marijuana and hemp plants, which are legal in most areas, as they contain only trace amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Researchers have identified a number of potential health benefits linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. The chemical has shown promise in treating numerous health conditions, ranging from epilepsy and other seizure disorders, to neurological conditions like Alzheimer’s disease, to mood disorders such as depression, anxiety, and psychosis, to pain, cancer, and much more.

As research remains ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in various medical applications.

Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to produce intoxicating effects, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The law swept all cannabis into the Schedule I category, which defines a substance as having a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The Hemp Farming Act of 2018, which was signed by President Donald Trump on Dec. 20, 2018, legalized industrial hemp cultivation on the federal level and created a pathway to remove some cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is classified as cannabis that contains less than .3% THC by weight, while marijuana is cannabis that contains more than .3% THC and is therefore still categorized as Schedule I.

The Farm Bill also granted the US Food and Drug Administration (FDA) the power to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products, leading to confusion in the market. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

The federal legislation places regulations on the production and sale of hemp, including hemp-derived CBD products. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Florida CBD laws

CBD laws in Florida have undergone several changes in recent years. In 2014, Florida lawmakers approved SB 1030, which legalized low-THC CBD oil for qualifying medical marijuana patients registered in the state program. Florida’s first rudimentary medical marijuana program made it legal for patients with cancer, muscle spasms, seizures, and terminal illness to obtain a doctor’s recommendation to purchase, possess, and consume medical cannabis containing 10% or more of CBD and no more than .8% of THC.

In 2016, voters approved Amendment 2,which significantly expanded the state’s medical marijuana program, but still did not allow for smokable forms of marijuana. After the Florida Supreme Court struck down the ban on smokable marijuana, lawmakers in March 2019 passed SB 182, which was signed by Republican Gov. Ron DeSantis. Today, registered medical marijuana patients have access to medical cannabis products that contain high levels of both THC and CBD.

During this same time period, other more CBD-specific laws in Florida were evolving alongside the medical marijuana program. SB 1020, which was passed by state lawmakers in July 2019, is by far the most important piece of legislation affecting CBD oil in Florida. This law introduced several key changes:

  • In keeping with the 2018 Farm Bill, SB 1020 explicitly legalized hemp, which the law defined as a plant containing less than .3% THC by weight, the same as the federal standard.
  • The law also legalized hemp extracts, defined as any substance derived from legal hemp plants that do not contain other controlled substances and are intended for ingestion.
  • Legalizing CBD specifically, SB 1020 stated that hemp-derived cannabinoids are not controlled substances.

To grow and process hemp and hemp extracts, such as CBD oil, a person or business must apply for a state license. All hemp products must also be tested by a licensed independent laboratory, certifying that the product contains no more than 0.3% THC and does not have any contaminants.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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Florida CBD possession limits

Florida has not set any limits on how much CBD a person is allowed to possess.

Medical marijuana patients with a physician’s recommendation may purchase and possess up to four ounces of cannabis from state-licensed dispensaries.

Where to buy CBD in Florida

Florida has not implemented any clear restrictions on the types of businesses that can sell CBD and products like CBD oil. You can find hemp CBD products online and at a broad range of stores, convenience shops, health food stores, CBD shops, and even a growing number of cafes, restaurants, and coffee shops. You can purchase CBD online or in a shop.

When it comes to online sales, CBD is most frequently found on brand-specific websites. You can find trusted CBD brands on Weedmaps.

When shopping for CBD products, look for important product details including the form of CBD, how much CBD the product contains, what other chemicals or ingredients are in the product, and whether it has been tested for potency and contaminants.

When purchasing from a shop, especially if it’s a CBD specialist, you should ask for in-person help and expertise from an employee. Explain what you’re looking for and your reasons for consuming CBD, and they should point you in the right direction. Registered medical marijuana patients can purchase CBD products that contain higher levels of THC.

How to read CBD labels and packaging

Florida law stipulates that legal CBD products must be distributed and sold with a label that includes:

  • A scannable barcode or QR code linked to a certificate stating that the product has cleared lab testing.
  • The product’s batch number.
  • Website on which full batch information is available.
  • Expiration date.
  • Amount of hemp extract in the product, in milligrams.
  • Statement that the product contains less than .3% THC.

Aside from Florida’s specific requirements, most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.

One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate. Photo by: Gina Coleman/Weedmaps

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Full spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

CBD isolate is a product that has gone through more intensive processing to remove everything except for CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect.

Is CBD oil legal In Florida? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Florida CBD laws Where to

Is CBD Legal in Florida? The Sunshine State’s CBD Laws

Posted on January 11th, 2021

The legal status of CBD in Florida has been a subject of debate for a while after Donald J. Trump signed the U.S. Farm Bill into law back in 2018. The law was clear on the freedom when it comes to selling industrial hemp. However, the isolation of cannabis blows hot and cold in the mind of every Floridian. It became a heated debate when a particular North Carolina woman got arrested in Florida for possessing a bottle of CBD oil. That occurred back in 2019.

However, according to recent research, CBD oil seems to have lots of diverse uses. It can apparently address anxiety, pain, seizures, and work as an anti-inflammatory. With the on-going research on CBD oil, new uses for it seem to pop-up overnight. The best option for you to get CBD oil products in Florida is, more often than not, to buy them online. You can also buy locally if you so choose; there are a lot of brick-and-mortar stores around for that.

This article will examine the laws surrounding marijuana in this state of Florida.

Is CBD Legal in Florida? The State Laws and Regulations

Florida is the southeasternmost U.S. state, with the Gulf of Mexico on one side and the Atlantic on the other. The state possesses hundreds of miles of beaches. What’s more, the city of Miami is well-known for its notable arts and Latin-American cultural influences. Also, due to its famous nightlife, particularly in upscale South Beach. There are also many famous theme parks in Orlando, such as Walt Disney World.

However, the question – is CBD legal in Florida? This is what we will address. As of now, the law is still unclear regarding CBD in this state of Florida. The enactment of the hemp bill (SB 1020) enabled Floridians to use CBD. As mentioned, back in 2019, a particular North Carolina woman got arrested for possessing a bottle of CBD oil. The topic of CBD’s legality has always been a debatable issue in the state, but this case took the debate to a different new level.

The Florida governor later signed a new bill in 2019 that enabled industrial hemp’s growth. Although it was a huge victory for farmers, the law featured a limitation. It primarily limited the THC level a CBD product could have to about 0.3%. Therefore, as a general rule, provided the THC level remains below 0.3%, you can legally buy, trade, and sell CBD. When it comes to purchasing CBD, this could happen in a few ways. Generally speaking, the state has been very kind with online stores that sell CBD.

Selling hemp-derived CBD online is very much legal in Florida. The product just needs to have its THC level within the legal limit. If for any reason you are looking to purchase marijuana-derived CBD, however, it must adhere to the medical marijuana standard.

What Are the Requirements for Doctors?

Medical professionals in Florida need to take a two hour training course that will certify them to actually prescribe CBD. That means that doctors may face jail time if they prescribe CBD products to people without taking the training course. Same thing with people who buy the compound without the prescription of a certified doctor.

Is CBD Legal in Florida? FDA Regulations on CBD Labeling

According to the Farm Bill of 2018, the FDA regulates CBD product’s labeling. According to their rules, manufacturers cannot advertise CBD as a cure for any kind of ailment.

More often than not, the FDA has a stringent ruling on medical advice and health claims that go on the label of a particular CBD product. The FDA set regulations on products containing hemp, as well as hemp-derived CBD products. What’s more, the Farm Bill enables the state to control and even ban CBD production and commerce associated with it. The regulation even goes a step further to regulate CBD food, dietary supplements, cosmetic products, and beverage.

However, despite the Farm Bill, the FDA still forbids adding hemp-derived CBD to drinks and food. The FDA is currently thinking of re-evaluating some of its stances when it comes to CBD products, so stay tuned.

The Laws on CBD & THC

Generally, the 2014 SB 1030 enables the legalization of relatively low-THC CBD oil to approved medical marijuana patients. These patients should be on the state program record in order to have access to CBD. It was later in 2016 when voters supported Amendment 2, which broadened the medical marijuana program. Gov. Ron DeSantis later signed and passed SB 182 back in 2019. As of now, each Floridian registered medical marijuana patient access products with high levels of CBD and THC.

In July 2019, some essential changes happened to the already approved CBD laws with the introduction of introducing SB 1020. It defined legal hemp as hemp consisting of less than 0.3% THC by weight, the actual federal standard for hemp. It would otherwise be considered illegal. What’s more, the CBD laws in Florida now allowed hemp extraction, describing CBD oil products as the substance obtained from legal hemp plants. The most important part is that it’s legalized CBD and stated that hemp-derived cannabinoids aren’t controlled substances.

Is CBD Legal in Florida? Florida CBD Possession Limits

The state hasn’t set any limits regarding how much CBD one person can hold at any given time. Medical marijuana patients with a prescription can buy and have up to four ounces of cannabis from state-licensed dispensaries.

Is Hemp Legal in Florida?

Undoubtedly, with so many terms like CBD, marijuana, cannabis, and hemp, people can get really confused. Do they all mean the same thing? Are Florida CBD laws also used with hemp-based products? And is CBD hemp legal in Florida?

As you might know, (CBD) may come from two sources: marijuana and hemp. However, it is worth noting that CBD hemp oil has relatively lower THC concentrations than marijuana-based CBD. In fact, although Florida CBD laws allow the use of hemp-based cannabidiol products, they don’t allow marijuana-based ones. Primarily, this is because hemp products contain less than 0.3% THC. On the other hand, marijuana products may comprise up to 15% THC. That is enough to get you ‘high’ when you consume it.

Companies may sell hemp-derived products to Florida residents provided they undergo testing in an independent lab. In short, this will confirm that the products comprise no more than 0.3% THC, as prescribed by the above CBD laws. Furthermore, it verifies the absence of harmful additives within the product.

Is CBD Legal in Florida? How Can You Get It?

When it comes to restrictions, the state of Florida has little. In fact, a medical marijuana patient may get up to four ounces of cannabis from ordering online or from dispensaries. But all marijuana patients must have the physician’s recommendation to buy it; else, their orders will not proceed. With this purchase model, the state has few limitations on businesses that may sell CBD and CBD-based products. In case you want to avoid the hassle that comes with offline shopping, you could get a CBD product online from brick-and-mortar shops.

It would also be great to always check out some details when purchasing CBD. For example, see the ingredients list to check out if there are any harmful compounds within the product. Some chemicals like heavy metal might cause some issues if you don’t consult a doctor’s guidance. So, where do you buy CBD in Florida? As said before, the best option for getting CBD oil products in Florida is often to buy them online. Yet, there also are lots of local places that carry CBD oil in-store.

What Does Hemp Cultivation Involve?

Typically, to cultivate and process hemp, all owners must adhere to the rules outlined in SB1020. In case a farmer wishes to grow hemp and perform the extraction in the field, they should first apply for a license from the state. Afterward, each of your hemp products will undergo testing by a licensed independent laboratory. What’s more, farmers should ensure that the CBD’s THC levels remain below 0.3%, which the lab’s test will confirm.

Is CBD Legal in Florida? – The Takeaway

You are in luck since tourists and residents can legally buy hemp-derived CBD in Florida. In other words, CBD is a legal substance in Florida. On the other hand, medical marijuana has a different set of limitations. People who need to use medical marijuana in Florida must have a qualifying condition and be part of the Medical Marijuana Program.

Therefore, Florida CBD laws are generally on your side if you are looking for hemp-based CBD when in the state. The CBD oil industry can be challenging to navigate because of its currently somewhat loose regulations. It would be best to purchase online to get the best products at a fair price!

Once you educate yourself on the laws and regulations surrounding marijuana and hemp products, you won’t have any problem tracking down a reliable supplier for all your CBD requirements in Florida.

Due to some rather public misunderstandings, people are right to think that Florida's CBD laws are confusing. Or rather, they were. See how they changed.