CBD Gummies Florida

Is CBD legal in Florida? Before you buy CBD products, it's important to know if CBD is legal, or not, in the state of Florida. Read more inside to find out. A bill passed that brings about changes to CBD and Marijuana Laws for Florida. In the latest blog, we discuss the details.

Is CBD Legal in Florida?

Let’s talk about a common question…”Is CBD legal in Florida?” I’ve noticed, first hand, that Florida has made incredible progress in making CBD legal in the state. New Phase Blends is actually based out of West Palm Beach, Florida, in case you didn’t know.

Also, the state has a large number of medical dispensaries, particularly concentrated in locations around major city centers. As a side note, medical marijuana use became legal in Florida in 2016 with the passing of Amendment 2.

TL;DR – CBD oil that is derived from hemp is completely legal within the State of Florida. If your CBD comes from marijuana, it will have over 0.3% THC, and will therefor be considered a controlled substance.

Now we are going to learn more about Florida CBD laws, licensing requirements in the state (if applicable) and where to buy CBD in Florida.

What is CBD?

CBD, also known as cannabidiol, is a non psychoactive compound derived from cannabis. CBD shares the outer space in the cannabis plant with THC.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative, pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

CBD is a Cannabis Derivative

Cannabidiol is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant. This is an important distinction to keep in mind when answering the question, “Is CBD legal in Florida?”

CBD is a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%. Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal.

A THC amount of 0.3% isn’t enough to get anyone high. In fact, this amount is so low that you could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD is a great way to treat patients in a more natural way than other medications that have harsh side-effects. In the past few years, CBD research has exploded, and significant investments are continuing to be made in research and development.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has their own laws. While most states have followed the Farm Bill of 2018 footsteps, a handful of states still have strange laws revolving around CBD.

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Thankfully, CBD is legal in Florida. Florida doesn’t have weird laws about CBD use. Some of the more conservative states identify CBD with marijuana, even though it is completely non-psychoactive. For this reason, they have a set of strict laws.

As time goes on, though, states are continuing to soften these CBD laws.

How Did the Farm Bill Help Hemp?

The 2018 Farm Bill brought a revolution for hemp and hemp derived products. The cultivation of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than .3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

The United States FDA and CBD

The Food and Drug Administration has the authority of regulating CBD product labeling, monitoring therapeutic claims for CBD, and the usage of CBD for recreational and dietary purposes. The FDA, currently, has not allowed the advertisement of hemp-derived CBD as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD products make. No companies to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration has maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD as a dietary supplement. In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to CBD and it’s legal status in Florida.

Is CBD Legal in Florida?

Florida has already taken many positions on the legalization of both cannabis and hemp. While hemp-derived CBD is completely legal in Florida, medical marijuana remains regulated and specifically for those who have a medical marijuana card via their Medical Marijuana Use Registry.

Florida lawmakers are working to submit new regulations U.S. Department of Agriculture that remove marijuana as a controlled substance.

The state will continue taking steps to implement the current regulations and licensing requirements for the growers and processors within Florida.

Licensing Requirements for CBD in Florida

CBD does not require a license for use in Florida. Users must apply for, and be granted, a medical marijuana card to use marijuana legally, though. Possession of marijuana is illegal without this card.

Florida CBD Possession Limits

Florida has decriminalized all CBD possession limits. Currently, there is no possession limit for hemp-derived CBD products in Florida.

Where to Buy CBD in Florida?

To be honest, CBD products are all over the place in Florida. Consumers can buy CBD oil and hemp derived CBD products from a variety of retail storefronts, gas stations, and kiosks within the state. I want to caution you, though, to be extra careful on where you purchase your CBD products.

New Phase Blends is a Florida-based CBD company, and we offer nothing but premium CBD products that come with a 30 day money back guarantee. At least give us consideration before purchasing – I know you’ll be happy with your purchase.

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In the summer of 2020, the FDA conducted a study on CBD products from different brands. They reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive, and I would hate to see one of you being ripped off by a poorly ran CBD company.

For more information on what to look for when purchasing a CBD product, check out this post by clicking here. In this post, I give you all of the indicators to look for in a premium CBD product so you will not be ripped off.

Summary: Is CBD Legal in Florida?

Yes, CBD is legal in Florida. Here are some things to look for to make sure your CBD falls within the federal guidelines for use:

  • Hemp-derived CBD is legal
  • It must contain less than 0.3% THC
  • I recommend that the CBD labels include a QR code that scans to a third-party lab result
  • Marijuana-derived CBD is not legal

That about wraps up covering the legalities of CBD within the Sunshine State. If you are looking to purchase or possess CBD in Florida, you don’t have to worry. It is 100% legal in Florida.

CBD and Marijuana Laws for Florida are Evolving

We have a saying here at OLG. “Some laws stay the same, and others are always changing.” For Businesses and Consumers alike the world of CBD and Marijuana Laws are evolving within States and Federally. As of March 2019, a bill was passed that allowed smokable medical marijuana to be sold in state-certified medical marijuana treatment centers to patients with a medical marijuana card. Additionally, as of January 2020, the sale of CBD and Hemp products for consumption or application containing less than 0.3% delta-9-tetrahydrocannabinol (THC) concentration became legal for anyone over the age of 18 and to be sold without a medical marijuana dispensary license.

Marijuana at the Federal Level

Early in December of 2020, the House of Representatives passed the MORE (Marijuana Reinvestment and Expungement) Act. While this act is unlikely to pass in the Senate, the movement towards federal acceptance of marijuana use and sales continues to trend upwards; however, ultimately it should be noted that on a Federal Level, marijuana remains illegal as a schedule 1 drug for high potential for abuse and little to no medical benefit. In 2018, under the Trump Administration, the Department of Justice announced that Federal Prosecutors can pursue criminal cases wherever state and federal marijuana laws conflict. However, this policy has largely been symbolic thus far. Law enforcement officers make a majority of their marijuana arrests under state, not federal law.

Marijuana in Florida

As previously stated, in March of 2019, Florida passed a bill that allowed medical marijuana to be sold in state certified medical marijuana treatment centers to patients with a medical marijuana card. Additionally, Florida legislators are working on drafting regulations to allow edible marijuana to be consumed with a medical marijuana card, but at this time only smokable marijuana is legal. To be a qualified patient, you must be a resident of Florida and receive a diagnosis from a qualifying physician for a qualified medical condition (for example; cancer, epilepsy, HIV/AIDS, PTSD, Crohn’s disease, Parkinson’s disease, etc.). Patients and their caregivers will then be entered into the Medical Marijuana Use Registry by their physician. After this, patients and their caregivers must apply for a Registry Identification Card. Once all these steps are completed, your order for medical marijuana may be filled at a state-approved medical marijuana treatment center upon prescription by your doctor.

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CBD and Hemp in Florida

In 2018 the Farm Bill was signed into law bringing sweeping changes to how we grow and consume CBD and Hemp products. The Farm Bill created a process that helped state and tribal governments establish Hemp Programs in which individuals could legally cultivate hemp. CBD and Hemp are legal to both cultivate and consume in the state of Florida for anyone over the age of 18 so long as the product contains less than 0.3% THC content. While no licensing is required to consume hemp products in Florida, licensing is required for those who wish to be grow and/or sell hemp products.

To sell CBD/Hemp in an ingestible manner, whether prepackaged or not you must have a food establishment permit. Additionally, there is further licensing requirements if your products have dairy or frozen components. Topical CBD application is considered a cosmetic and so long as you are selling the topical in or into Florida in its original packaging no license is required to sell. To grow and cultivate Hemp plants, you must not only apply for a license, you must also include fingerprints, environmental containment plans, transportation plans, and follow specific hemp cultivation site statutes, among many other requirements.

What Does Having a Medical Marijuana License Prevent?

If you’re looking to get a CWFL (Concealed Weapons and Firearms License), there may be some conflicting elements. Florida’s Agricultural Commissioner, Nikki Fried recently addressed the subject on the podcast The Marijuana Solution. Her logic is that, due to many alcoholics and those addicted to prescription drugs owning guns, medical marijuana license holders should be able to as well, but from a legal perspective, this may not be as solid as one might assume. On top of stating that the Department of Agriculture would, “not be taking anyone’s concealed weapons permit, or refusing to issue a CWFL,” Nikki also publicly announced that she herself has both licenses. The incongruency lies in the fact that marijuana is still considered an illegal substance according to Federal Law, and that conflicts with those in possession being able to legally own a gun. Fried did mention that she plans to lobby congress about the issue, but truly only time will tell how the Federal Government plans to treat marijuana as a substance.

We recommend trepidation at every stride, and an innate understanding of your rights. Due to the fact that these laws are changing over time, it’s important that you speak with a lawyer immediately when you have questions. We’re here to help, and will make sure to keep you updated with the laws as they evolve, which we guarantee they will. If you’re ever seeking answers, make sure to contact an experienced attorney for your needs today.