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Hemp Laws in Florida

Last updated: July 18, 2026

Delta-9 THC (Hemp) in Florida

Current legal status

✅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.

Statute: FSA § 581.217

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

CompoundStatus
Delta-8 THC✅Legal
Delta-9 THC (Hemp)✅Legal
CBD✅Legal
THCA⚠️Restricted
HHC✅Legal
Delta-10 THC✅Legal
THC-O❌Banned
THCP🔶Gray Area

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

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.

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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