Author: Dale HewettTL;DR – Yes, hemp-derived CBD is legal in Florida. Following the 2018 Farm Bill and Florida’s own Hemp Extract Registration Act, residents can legally purchase, possess, and use CBD products containing no more than 0.3% delta-9 THC. No prescription or medical card is required. Florida has one of the most active hemp CBD markets in the country.
How Florida Came to Legalize Hemp CBD
Florida’s path to a legal hemp CBD market was shaped by both federal and state action. For years, CBD existed in a murky legal space in Florida and across the country, with law enforcement sometimes treating it the same as marijuana. That changed dramatically with the passage of the federal Agricultural Improvement Act of 2018, known as the 2018 Farm Bill, which removed hemp from the federal Controlled Substances Act and defined it as cannabis with no more than 0.3% delta-9 THC on a dry weight basis.
Florida quickly followed with its own legislation. In 2019, Governor Ron DeSantis signed Senate Bill 1020, known as the Florida Hemp Extract Registration Act, which established a state hemp program under the Florida Department of Agriculture and Consumer Services (FDACS). The law aligned Florida with the federal framework, created licensing requirements for cultivators and processors, and laid the groundwork for a robust commercial hemp industry in the state.
Today, Florida’s hemp market is one of the largest in the southeastern United States. Thousands of retailers across the state carry hemp CBD products, and the legal framework for consumers is clear: hemp-derived CBD is legal without any special authorization.
Federal Law: The Foundation for Florida’s Hemp Program
The 2018 Farm Bill (7 U.S.C. § 1639o) is the cornerstone of hemp CBD’s legality throughout the United States, including Florida. By removing hemp from the federal list of controlled substances and defining it based on THC content, Congress created a national framework that states could build upon. The key definition is straightforward: hemp is cannabis containing no more than 0.3% delta-9 THC on a dry weight basis, and CBD derived from such hemp is not a controlled substance.
The U.S. Drug Enforcement Administration updated its regulations to reflect this change, and the removal of hemp from Schedule I means that hemp-derived CBD products do not carry the legal risks associated with marijuana. Federal law enforcement agencies do not treat compliant hemp CBD as a controlled substance, and interstate commerce in compliant hemp products is legal.
The U.S. Food and Drug Administration retains jurisdiction over CBD in food and dietary supplements. The FDA has not yet finalized a regulatory pathway for hemp-derived CBD as a general dietary supplement ingredient, and it has taken the position that CBD cannot legally be added to food or beverages sold in interstate commerce. However, the FDA’s enforcement approach has been limited in practice, and the agency has focused primarily on companies making disease claims or selling products with significant safety concerns.
Florida State Law: What Consumers Need to Know
Florida Statutes Chapter 581.217 governs the state’s hemp program. Under this law, hemp products sold in Florida must contain no more than 0.3% delta-9 THC, must be derived from licensed hemp, and must comply with labeling requirements set by the FDACS. Retailers are expected to carry products that have been tested by licensed laboratories, and many responsible brands provide Certificates of Analysis (COAs) from third-party labs that verify both CBD content and THC compliance.
Florida’s law does not require consumers to register or obtain any special permits to purchase CBD. You can walk into any compliant retailer, browse online, and purchase hemp CBD products without documentation. The state has also not imposed an age restriction on hemp CBD beyond what retailers may establish on their own, though responsible retailers generally follow a policy of not selling to minors.
Florida has a separate medical marijuana program, established through Amendment 2 in 2016 and expanded since then, for patients with qualifying medical conditions. That program is entirely distinct from the hemp CBD framework. Florida voters also approved Amendment 3 in November 2024 to legalize recreational marijuana for adults 21 and older, though the legislative implementation of that amendment has been subject to ongoing legal and regulatory developments. Hemp-derived CBD remains in its own legal category, separate from both medical and recreational marijuana.
Delta-8 THC and Other Hemp Cannabinoids in Florida
Florida’s hemp market includes not just CBD but a growing variety of cannabinoids derived from hemp, including delta-8 THC, delta-10 THC, CBG, CBN, and others. The legal status of delta-8 THC in Florida has been a subject of regulatory attention. In 2021, the FDACS issued guidance suggesting that delta-8 THC derived from hemp was not explicitly covered by Florida’s hemp program as initially written, creating uncertainty for retailers and consumers.
Subsequent legislative and regulatory developments have continued to shape this space. Florida has considered various bills addressing the regulation of intoxicating hemp-derived cannabinoids, and the regulatory landscape for delta-8 and similar compounds may be different by the time you read this. If you are specifically interested in delta-8 or other novel cannabinoids, it is worth checking the most current guidance from the FDACS and confirming the legal status before purchasing. Traditional CBD products, however, remain clearly legal under Florida’s hemp framework.
Where to Buy CBD in Florida
With one of the largest populations in the United States and a strong wellness culture, Florida has an enormous and varied CBD retail market. You can find hemp CBD products at dedicated CBD shops, health food stores, pharmacies, grocery stores, gyms and fitness centers, spas, and a wide range of specialty retailers. Cities like Miami, Orlando, Tampa, Jacksonville, and Fort Lauderdale have particularly dense concentrations of CBD retailers.
Florida residents can also shop online from reputable brands that ship hemp CBD products nationally. This is often the most convenient option for consistent, high-quality products. When shopping online or in person, the most important thing to verify is whether the product comes with a Certificate of Analysis from a third-party laboratory. A COA confirms CBD potency, verifies THC compliance, and checks for contaminants such as heavy metals, pesticides, and residual solvents. New Phase Blends provides COAs for all products, so you can make informed decisions with confidence.
CBD Product Types Available in Florida
The Florida market offers essentially every format of hemp CBD product that exists nationally. CBD oils and tinctures are widely available and allow precise dosing. Gummies and softgel capsules are popular for their convenience and consistent serving sizes. Topical products — balms, creams, lotions, roll-ons — are sold at spas, pharmacies, and wellness stores throughout the state and are ideal for users who prefer not to ingest CBD.
CBD for pets is another popular category in Florida. Hemp CBD dog treats and tinctures designed for animals are legal under the same hemp framework that governs human products, and many pet owners in Florida incorporate these products into their pets’ wellness routines. Consulting a veterinarian before starting CBD with a pet is always a good idea.
CBD-infused beverages and food products are also commonly sold in Florida, occupying the same federal gray area discussed above. Despite the FDA’s position on CBD in food, these products are widely available in Florida retail settings and enforcement actions against small-scale food CBD products have been infrequent.
Traveling With CBD in Florida
Florida’s major airports — Miami International, Orlando International, Tampa International, and others — are under federal TSA jurisdiction. TSA policy permits passengers to carry hemp-derived CBD products (no more than 0.3% THC) in carry-on and checked baggage. If you are traveling within Florida or flying out of the state with compliant hemp CBD, you are on solid legal ground.
Traveling by car within Florida with hemp CBD is also straightforward. The products are legal under state law, and keeping them in their original packaging is a simple and effective way to demonstrate compliance if ever asked. Driving across state lines with CBD from Florida raises the same considerations as any interstate travel — the product must comply with both federal hemp law and the laws of any state you enter.
Frequently Asked Questions About CBD in Florida
Is CBD oil legal in Florida without a prescription?
Yes. Hemp-derived CBD oil is fully legal in Florida for any adult and does not require a prescription, medical card, or any other authorization. You can purchase it at retail stores throughout the state or online.
What is the THC limit for legal CBD products in Florida?
Florida law, consistent with federal law, requires that hemp products contain no more than 0.3% delta-9 THC on a dry weight basis. Products exceeding this limit are regulated under Florida’s medical or recreational cannabis laws rather than the hemp framework.
Can I fly with CBD from Florida?
Yes, provided your CBD product is hemp-derived and contains no more than 0.3% THC. TSA guidelines permit these products in carry-on and checked baggage at Florida’s airports. Keeping products in original labeled packaging is recommended.
Is CBD legal for pets in Florida?
Hemp-derived CBD products for pets are legal in Florida under the same hemp framework that covers human products. Consult a veterinarian before introducing CBD into your pet’s routine.
How do I verify that a CBD product is compliant in Florida?
Look for a Certificate of Analysis from a third-party laboratory. A proper COA will show the cannabinoid profile including CBD and THC levels, confirming the product is within the legal 0.3% THC limit, and will also report results for contaminant testing. Reputable brands make these documents easy to find on their websites or product packaging.
References
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, 7 U.S.C. § 1639o (2018). Hemp farming. https://www.congress.gov/bill/115th-congress/house-bill/2
Florida Statutes § 581.217. State hemp program. https://www.flsenate.gov/Laws/Statutes/2022/581.217
Florida Department of Agriculture and Consumer Services. (2023). Florida hemp program. https://www.fdacs.gov/Agriculture-Industry/Hemp
Florida Senate Bill 1020 (2019). Florida hemp extract registration act. https://www.flsenate.gov/Session/Bill/2019/1020
U.S. Food and Drug Administration. (2023). FDA regulation of cannabis and cannabis-derived products, including cannabidiol (CBD). https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
