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Is Delta 8 Legal In Florida? Can You Buy Delta 8 THC In Florida?

Legal gavel with pad showing Florida state flag

With the increasing popularity of Delta 8 THC, it is not really a surprise that many people have already hopped on board the Delta 8 THC experience train, with others looking to join as well.

Although Delta 8 THC is federally legal, it is not legal in some states. If you are seeking answers to these questions, “Is Delta 8 legal in Florida? Can you buy Delta 8 in Florida?” then keep reading this article to find out all about the legality of Delta 8 in Florida.

We have all the answers you need on where to buy Delta 8 in Florida, and the age to buy Delta 8 in Florida.

What is Delta 8 THC?

Before we look at the question, “Is Delta 8 legal in Florida?” let’s talk a bit about what delta 8 is.

Cannabidiol (CBD) increased in popularity over the last few years, and Delta 9 THC became one of the hottest topics in the history of Cannabis. And now Delta 8 THC has joined the game. So what is Delta 8 THC?

Delta 8 THC is one of the minor phytocannabinoids naturally found in the hemp plant, however, it is mostly found in small quantities.

As the name suggests, delta 8 THC is THC and has psychoactive properties. It can be taken in the form of tinctures, delta 8 gummies, capsules, and more. The hemp source can also affect those properties.

The good news is that CBD and Delta 9 THC, which are also found in the hemp plant, can be converted into Delta 8 THC in the lab through chemical processes.

This process allows for you to be able to buy delta 8 online more easily since it can be produced in larger quantities.

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What Is The Difference Between Delta 8 THC And Delta 9 THC Or Medical Marijuana?

Delta 8 and Delta 9 have similar molecular structures with very slight differences in the placements of their carbon-to-carbon double bonds. This placement may seem very slight, but it is what causes the difference in the effect of these compounds on your body.

The carbon-carbon double bond of Delta 8 THC is located on the eighth carbon while that of Delta 9 THC is located on the ninth carbon hence their names.

When you consume Delta 8 THC, it bonds to both the CB1 and CB2 receptors in your brain and body for a body balancing experience but Delta 9 THC bonds mostly with the CB1 receptor that connects to your brain for a more psychoactive effect. 

If you would like to learn about the psychoactive effects of delta 8 THC you can see delta 8 gummies reviews here.

It is true that both compounds are psychoactive and can help you achieve a high, but the  Delta 8 THC high is a mellow, smooth yet prolonged sense of calm and relaxation which can last between 3-8 hours, while Delta 9 THC gives a more intense feeling due to its potency.

According to Current Legislation, is Delta 8 Legal in Florida?

Although the 2018 Farm Bill legalized industrial hemp and all its derivatives not containing more than 0.3% Delta 9 THC to be an agricultural commodity, the Bill still came with some restrictions. 

This means that, unlike medical marijuana, delta 8 THC is perfectly legal at the state and federal levels so long as states do not have provisions against it.

The major restriction is that the power to decide and dictate the laws in each state is shared between both federal and state jurisdictions. What this means is that it is up to your state to accept whether to allow hemp and its products to be displayed on store shelves or reach people in their homes very similar to cannabis products.

Federally, the minor cannabinoid Delta 8 THC, derived from hemp, is legal like other hemp-derived cannabinoids, but if your state authorities decide that it is illegal then it is illegal in your state - so this is subject to change.

So Is Delta 8 THC Legal in Florida? Can you buy Delta 8 in Florida from a company?

The answer to these long-awaited questions is yes!

Delta 8 THC is legal to buy, sell, possess, use, or cultivate in the state of Florida.

The Florida legislature allows hemp-derived delta 8 THC to be purchased according to state law. So you can go out and purchase hemp-derived delta 8 THC from a company today. Though we recommend you do your own research for your local area.

After the 2018 Farm Bill, Florida introduced Senate Bill 1020 in 2019, this bill basically copied all the policies laid out in the 2018 Farm Bill, which saw to the legalization of hemp in the Sunshine State and its derivatives not containing more than 0.3% Delta 9 THC on a dry weight basis in the state of Florida.

This effectively made hemp plants different from recreational marijuana and other controlled substances.

If you live in Florida, you can be safe in the knowledge that you can join the Delta 8 THC experience train any time you want.

And if at this point you wondering where to get Delta 8 THC for sale in Florida, we deliver our delta 8 Gummies 1000 mg from our website store right to your doorstep in just a couple of days. Certain states may have restrictions so please do your own research on the substance.

Hemp and all its derivatives are now legal in stores in the state of Florida. This is great news, but keep in mind that state law may change at any time and this process is constantly evolving. Regulations always vary from state to state.

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The Legality of Delta 8 THC in Florida before the 2018 Farm Bill

Prior to the 2018 Farm Bill, the answer to the question “Is Delta 8 THC Legal in Florida?” was a big NO.

The same as recreational marijuana - you were not able to purchase them as both were considered to be a controlled substance.

The large-scale cultivation and commercial sale of hemp and its derivatives were not permitted in the United States, and certainly not in Florida.

Before 2019, we wouldn’t have been able to discuss on this page where to buy delta 8 THC in Florida or the age to buy Delta 8 THC in Florida.

This is largely because delta 8 THC was considered to be the same as medical marijuana or medical cannabis and was not available for purchase.

No hemp products were permitted to be sold on the market, and if by any miracle you could purchase hemp products, it would have been illegal thanks to the federal government.

But as of the time of writing this article, we can openly have this discussion without the fear of breaking any federal laws, thanks to the 2018 Farm Bill, which legalized hemp on a federal level thus changing federal law.

Now let's take a quick look at the difference in legal status between Delta 8 THC and Delta 9 THC in Florida and how federal law impacts its legal status.

Differences in Federal Law & Legal Status Between Delta 8 THC and Delta 9 THC

Delta 9 THC, the big sister of Delta 8 THC, is currently the phytocannabinoid in hemp that causes all the political commotion we see today about the legalization of hemp.

Currently, the regulation for Delta 8 THC derived from hemp to be federally legal is that it must come from the hemp plant and not marijuana (sorry cannabis users). It must also contain no more than 0.3% of tetrahydrocannabinol (THC) on a dry weight basis otherwise, it is considered illegal by all standards.

Delta 8 edibles, however, have no other restrictions but that they do not contain more than 0.3% THC on a dry weight basis and be derived from hemp. This is largely to prevent the sale of medical marijuana.

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Where To Buy Delta 8 THC In Florida?

Is Delta 8 THC for sale in Florida? Yes. If you looking at where to buy Delta 8 derived from hemp in Florida, then you are in luck. Due to the fact that Delta 8 HTC is legal, getting your hands on Delta 8 THC is almost stress-free.

Delta 8 THC manufacturers have made it quite easy for you to be able to jump on the Delta 8 THC euphoric experience train whenever you are ready.

Delta 8 THC products are now common, and you can purchase them from:

  • Local Dispensaries
  • Convenience Stores
  • Vape Stores
  • Gas Stations
  • Online Vendors

For now, the market for Delta 8 THC is mostly unregulated, so you need to take precautions when looking for where to buy Delta 8 in Florida even if you buy from online vendors.

As convenient as buying from your nearest convenience stores or gas stations might be, it is not advisable to do so. Most of these convenience stores stock their shelves with cheap products of very low quality with the aim of making high profits.

Always make sure your delta 8 THC products are tested in an independent laboratory to ensure they contain no cannabis flower, marijuana, or other products that would fall outside the farm bill. For an understanding of what to look for in hemp test results visit our page on certificates of analysis.

One of the best ways to find good quality Delta 8 for sale in Florida is by shopping online. It sometimes takes a couple of days to reach your doorstep, but you can be sure you are getting quality products.

Shopping for your Delta 8 product online will also give you more benefits like:

  • Convenience - You can stay home and order your Delta 8 Gummies with a few clicks on your phone or computer from a company you like, and they will be delivered to your doorstep.
  • Discretion - Keep your “secret” to yourself if you are not ready to share. Not all people have come to understand or accept taking hemp-derived Delta 8 THC.
  • Quality Products - Most hemp-derived Delta 8 product manufacturers care about their reputation and sustainability, and you can be sure they are ready to produce high-quality products.
  • Better Prices - You are more likely to get better prices and discounts when you shop online.
  • Lab Results - Manufacturers of hemp Delta 8 THC add their Certificate of Analysis to their website, which you can easily access and see that you are not exceeding the legal limit of THC allowed in Delta 8 THC.  

To be able to get the best euphoric experience from your Delta 8 THC, you need to make sure you have one of the best hemp products on the market otherwise, you might not have a pleasant experience.

What is the Legal Age to Buy Delta 8 in Florida?

So you are ready to have a Delta 8 THC euphoric experience, the Delta 8 THC high, but wait, what is the age requirement? Is it the same as recreational cannabis? What is the required age to buy Delta 8 THC in Florida?

Senate Bill 1766(2021) prohibits retailers from selling hemp-derived products to individuals under the age of 21. 

So anyone under this age does not legally qualify to possess or use hemp or any of its derivatives in Florida.

Your Delta 8 THC must also be derived from hemp for recreational use.

Since state laws are subject to change regarding the substance, be sure to keep an eye out for any changes yet to come.

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The Future of Delta 8 THC in Florida

The future is always uncertain as we do not know what it holds. The laws are in the hands of the lawmakers, ever-changing yet sometimes as slow to produce results - especially for minor cannabinoids.

Before 2019, we certainly did not know that Delta 8 THC would take the market by storm and have such a high potential. Now with new studies and scientific discoveries emerging regularly regarding the use of delta 8 THC for recreational purposes, we can only be hopeful that the legalization of Delta 8 THC is here to stay. 

Is Delta 8 THC Legal in Florida? - Key Takeaways


The 2018 Farm Bill removed hemp from the list of controlled substances, thereby legalizing it on a federal level and separating it from cannabis.

Although the bill makes hemp federally legal unlike cannabis, the power to decide the legality of hemp, individual cannabinoids, and CBD products on state levels began to be shared between federal and state jurisdictions.

Acting upon the 2018 Farm Bill, the Florida Department Senate legalized hemp for individuals above the age of 21 years in Florida to buy, sell, possess, and use - separate from cannabis.

I hope we have managed to answer your question, “is Delta 8 THC legal in Florida?”. Yes. If you would like even more details, go to our Delta 8 Legal page on how delta 8 THC stays within the federal levels required, unlike medical marijuana.

Legal Disclaimer: Always consult an attorney for the best legal advice regarding Delta 8 & Cannabis products in your state, as the material shared here is for informational purposes only.

author avatar
Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.


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