Can I buy CBD in Florida?

CBD is fully legal under Florida's hemp program. One of the largest CBD markets in the country.

What is the age limit for hemp products in Florida?

The minimum age to purchase hemp products in Florida is 21.

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Hemp Laws in Florida

Last updated: July 18, 2026

Delta-8 THC in Florida

Current legal status

✅Legal

Delta-8 THC is broadly legal and widely sold throughout Florida under FSA § 581.217 as amended by SB 1676 (2023), with FDACS rules setting testing and labeling requirements. Multiple legislative attempts to ban Delta-8 have failed (SB 438 died in 2025; SB 1270 died in committee in 2026).

Statute: FSA § 581.217; SB 1676 (2023); FDACS Rule 5K-4.034

Federal Law Change — November 12, 2026

Florida hosts one of the largest hemp-derived cannabinoid markets in the country, operating under FSA § 581.217 as amended by SB 1676 (2023) and FDACS Rule 5K-4.034. Section 781 of H.R. 5371 (Pub. L. 119-37), effective November 12, 2026, imposes a federal 0.4 mg total-THC-per-container cap far below the doses in Florida's edibles and beverages, threatening a large share of the state's retail industry.

Learn what's changing →

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All Compounds in Florida

Compound	Status	Details
Delta-8 THC	✅Legal	Delta-8 THC is broadly legal and widely sold throughout Florida under FSA § 581.217 as amended by SB 1676 (2023), with FDACS rules setting testing and labeling requirements. Multiple legislative attempts to ban Delta-8 have failed (SB 438 died in 2025; SB 1270 died in committee in 2026).
Delta-9 THC (Hemp)	✅Legal	Hemp-derived Delta-9 THC products are legal when containing no more than 0.3% Delta-9 THC by dry weight. Widely available across the state.
CBD	✅Legal	CBD is fully legal under Florida's hemp program. One of the largest CBD markets in the country.
THCA	⚠️Restricted	THCA is restricted. FDACS Rule 5K-4.034 applies a total Delta-9 formula (Delta-9 + 0.877 x THCA), strictly enforced since June 16, 2025, so high-THCA flower and products exceed the 0.3% limit and are not permitted at retail.
HHC	✅Legal	HHC is legal as a hemp-derived cannabinoid. Sold alongside Delta-8 in retail locations statewide.
Delta-10 THC	✅Legal	Delta-10 is legal as a hemp-derived cannabinoid in Florida. Available in many retail outlets.
THC-O	❌Banned	THC-O is considered a synthetic cannabinoid and is federally illegal per DEA guidance. Not protected under the Farm Bill.
THCP	🔶Gray Area	No specific legislation addresses THCP at the state or federal level. Legal status is undefined.

By Product Type

Gummies / Edibles✅Legal

Vapes / Cartridges✅Legal

Hemp Flower✅Legal

Tinctures / Oils✅Legal

Topicals / Creams✅Legal

Beverages / Drinks✅Legal

Where to Buy Hemp Products in Florida

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Age Requirement

21+

Shipping Into FL

✅Legal

Shipping Out of FL

✅Legal

2026 Federal Law Impact on Florida

Full federal ban details →

Note: Florida regulates hemp under FSA § 581.217 (amended by SB 1676, 2023) and FDACS rules; a 2024 hemp-regulation bill was vetoed on June 7, 2024. FDACS Rule 5K-4.034 enforces a total Delta-9 standard (Delta-9 + 0.877 x THCA) as of June 16, 2025, restricting high-THCA products. Bills to ban Delta-8 (SB 438 in 2025, SB 1270 in 2026) failed, so Delta-8 remains legal.

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