CBD Oil Florida: 2021 Legal Status Guide

CBD Oil Florida

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
  • Epilepsy
  • Cancer
  • PTSD  
  • HIV/AIDS
  • ALS
  • Glaucoma
  • 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.

Legalities

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.

Meaning:

  • 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 processthere 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.  

Bottom Line

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.

FAQs

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:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV
  • AIDS
  • PTSD
  • ALS
  • 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 law, you need to renew your certification every 210 days.