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Is Delta 8 Legal in Florida?

January 2022

Delta 8 has risen in popularity in recent years, ever since it fell into a loophole in the Farm Bill 2018. 

The federal law gives individual states discretion. They can decide whether to allow, regulate or ban cannabis products with less than 0.3% THC. 

But Florida is one of the States that adhered to the provisions of the recent Farm Bill.

Delta 8 is completely legal in Florida. It can be bought, sold, shipped, and distributed openly in the Sunshine State.

What is Delta 8?

Delta 8 is one of the hundreds of cannabinoids derived from hemp and marijuana.

Until recently, it was not preferred because it has less potency.

But for people who want to use it for medical purposes, it is a perfect choice. 

Delta 8 has lesser potency than Delta 9. The latter is the primary component of cannabis plants that gives users the high. 

But do not be mistaken. Delta 8 also has psychoactive properties. 

Delta 8 gives the user an elated feeling. The euphoria relaxes the body and mind and calms the mood. 

But it does not dull your senses. Some claim it increases focus if taken in moderate amounts. 

Other advantages of Delta 8 over Delta 9 are:

  • Effects wear off faster
  • Lesser negative effects
  • Extended shelf life 

What are the potential advantages of using Delta 8 products?

Delta 8 gives what some people call a clear high. They mean that the drug gives all the high but none of the negative effects. 

The effects of Delta 8 are used in treating various symptoms of illnesses. 

Delta 8 can help in the following areas:


It can promote retention of memory and protect the brain from damage. 

Delta 8 increases the amount of acetylcholine in the brain. It is a neurotransmitter that is vital for normal brain function. 


Cannabis products have been known to increase appetite. This condition is known as the munchies. 

Delta 8 affects the user but it is milder. It can healthily improve appetite. It also increases nutrient absorption. 


Delta 8 can help with insomnia and nightmares. It can reduce anxiety and stress.

The components of Delta 8 products bind with CB1 receptors in the body. These are a part of the central nervous system. They help regulate the release of happy hormones—serotonin and dopamine. 

The bond creates a euphoric and calming feeling that helps users relax and sleep better.


Cannabis products have been used as pain relievers for a long time. But despite its medical relevance, there is a stigma attached to it because of past abuses of the drug. 

Delta 8 like all cannabinoids can help ease the pain. Its anti-inflammatory properties can lessen neuropathic and central pain. 


Cancer and terminal patients can use Delta 9 in marijuana legally. Aside from this, it also averts nausea and vomiting caused by chemotherapy. 

Delta 8 can work the same way.

Can it treat nausea caused by other conditions like, say, hangover? Absolutely. 

How was Delta 8 legalized in Florida?

When Trump signed the Farm Bill of 2018, it created a loophole. It allowed cannabis plants and products containing not more than 0.3% THC. 

After the law became effective, several states, including Florida, followed its provisions. 

The purpose of Senate Bill 1020 is to amend the state Drug Abuse Prevention and Control Act. 

The Bill took away all hemp products, derivatives, and isomers from the list of regulated substances. 

The amendment was in line with the new definition of hemp in the new Farm Bill.

Hemp is any plant or part of it and any derivatives with 0.3% THC or less. 

This provision of the federal law has excluded Delta 8 and some cannabis isomers from the list of illegal substances. 

After the law was signed, companies saw the opportunity in Delta 8 products. 

Since then, Delta 8 gummies, flowers, oils, and vapes have been popping in CBD stores, gas stations, and local stores. 

Important legal provisions relating to Delta 8

If you want to know the exact provisions of the Florida Law relating to Delta 8 and Delta 8 products, here the salient provisions of House Bill 1020:

Hemp is defined as any Cannabis Sativa plant whether it is planted or uprooted. It comprises all the plant parts, isomers, derivatives, acids and chemicals like cannabinoids that are extracted from the plant. 

Hemp plant parts and extracts should not contain 0.3% THC when weighed dry. Hemp was also listed under agricultural goods. 

The Bill also defined hemp extract. It is any substance that is taken from hemp plant which are intended to be ingested. 

The extract should be pure and should not contain any other illegal compounds or substances. 

Another hemp related term is hemp-derived cannabinoids. These are cannabidiol components of substances extracted from hemp that are not categorized as illegal substances. 

Cannabis was separately defined from hemp. Cannabis are plants belonging to the Cannabis genus. The definition encompasses the derived seeds and resins and all resulting products. 

But this does not cover industrial hemp and marijuana that are obtained, sold and distributed in a manner that is provided for by the law. 


Impending Florida legislation relating to Delta 8

Despite the federal laws allowing Delta 8, people and groups are still lobbying for its ban.

Currently, there is one pending legislation that is relevant to Delta 8. 

House Bill 679 filed in December of 2022 is a bipartisan bill that is supported by both sides. 

The Bill aims to regulate marijuana and hemp-derived drugs like Delta 8 and ensure that patients and users are safe. 

It proposes the first reform in marijuana and hemp regulation in Florida after five years. 

Salient features of the Bill include:

  • Lessening the costs for both patients and the state by lengthening the time for renewal of licenses and required doctor’s appointments
  • Requiring companies to register their products with the Department of Agriculture and Consumer Services or DACS
  • Prohibiting marijuana and hemp ads that target children, including pop ad ads (should be approved by the DACS)
  • Promoting the use of telehealth in doctor consultation and renewal of licenses
  • Establishing a Medical Marijuana Testing Advisory Council under the DACS to oversee testing and policy regulation of cannabis products
  • Putting up precautions to ensure that children and people below 21 years of age cannot buy ant marijuana or hemp products

How to buy Delta 8 in Florida?

Because it is legal, buying and shipping Delta 8 in Florida is fairly easy. 

Unlike Delta 9, Delta 8 does not need a prescription and license before you can purchase.

You can find it in gas stations, CDB shops, pharmacies, and other local stores. 

It can also be bought online for a lower price if you buy directly from manufacturers. 

There are various advantages of purchasing online. Aside from convenience, you can see product and brand reviews and browse wider product choices.

But you have to be careful in choosing products and brands since Delta 8 is not FDA approved. 

The chemical components and reagents added during manufacturing can pose health risks. 

Check the product labels and websites for third-party certificate analysis. 

Also, you have to note that Delta 8 is a milder drug than Delta 9. Long time Delta 9 users may not experience the desired effect when consuming Delta 8 products. 

And at the same time, for the same reason, some companies double the dose of Delta 8 in their products. 

While Delta 9 products normally have 10 milligrams, Delta 8 products contain 25 milligrams. 

Delta 8 can come in various forms, like:

  • Gummies and other edibles
  • Tinctures
  • Vape cartridges
  • Moon rocks
  • Syringes
  • Flowers
  • bombs

Before consuming or smoking anything, check the dosage first. 

If you’re a first-timer for Delta 8, try using 5 milligrams and see if you experience any adverse effects. Effects usually take between one to three hours to kick in.

Who can buy Delta 8 THC?

While Delta 8 is now legal, the law still provides a limitation on the age of people who can buy it.

Under Federal law and the Alabama Code, only people who are aged 21 and above are allowed to buy Delta 8 products.

Also, people do not need to present a prescription before they can buy Delta 8 products.
This is because the use and distribution of Delta 8 products are not regulated.

Parting Words

Delta 8 products are legal in the state of Florida. And that does not seem to change anytime soon. 

Although, there are proposed amendments that prevent exposure to advertisements and the purchase of minors. 

Current legislation on marijuana and hemp is a compromise. It is earned support from both sides. 

Not just because it protects minors, but also because it prioritizes the user’s health. It also cut costs in acquiring licenses. 

Since it was permitted by federal law, Delta 8 has been a great help to people suffering from chronic physical pain. It is even used in managing psychological stress and disorders. 

But like all drugs, it carries certain risks.

Before you go, we want to be clear that the contents of this article should not be taken as medical and legal advice.

Laws are subject to change, and people can have different reactions to drugs. Please do your research. 

If you are planning to use Delta 8 for medical purposes, it is wise to consult and doctor.