What are the CBD Laws in Florida?

Hemp with a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis is legal in Florida. Florida Senate Bill 1020, titled “State Hemp Program,” effective July 1st, 2019, removed hemp and hemp-derived cannabinoids, including cannabidiol (CBD), from being a controlled substance in the State of Florida. 

SB1020 changed the criminal definition of “cannabis” within the State of Florida which defines Hemp” as the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

Including the 2018 Farm Bill passed federally, which legalized hemp on a federal level, two other CBD laws in Florida are important. However, there are a lot of rules and restrictions underneath those laws depending on what you are doing with hemp in the State of Florida. This article will cover all of these laws using the Florida Statute of Laws to cite every mention of a rule and law in Florida regarding CBD and hemp.

Following the passage of The Agriculture Improvement Act 2018 on December 20th, 2018, hemp is now federally defined as the plant Cannabis sativa L. and any part of that plant, including the seeds, thereof. All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, have a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

Along with this new definition, The Agriculture Improvement Act 2018 created a new process for state and tribal governments to create their state hemp programs allowing individuals to cultivate hemp legally. Lastly, hemp was removed from the list of Federally Controlled Substances making hemp legal on a federal level.

Florida’s State Hemp Program is Senate Bill 1020, which became effective on July 1st, 2019. The legislature states that hemp is an agricultural commodity, and hemp-derived cannabinoids, including but not limited to cannabidiol, are not controlled substances or adulterants in Section 893.02, F.S. The criminal definition of “Cannabis” within the State of Florida was changed.

Hemp or industrial hemp was removed from the criminal definition of cannabis. In the Florida Statutes section 581.217, the legislature defines hemp as the cannabis Sativa L. and any part of that plant, including the seeds thereof. All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis—legalizing hemp and CBD in the State of Florida as long as it contains less than 0.3% of delta 9 T.H.C. 

This bill rescheduled CBD from a Schedule I to a Schedule V substance in the State of Florida.

To legally cultivate hemp in the State of Florida, you must have a license issued by the Florida Department of Agriculture. 

To obtain a cultivator’s license of hemp in the State of Florida, you must do the following:

1. Complete an application and apply for a license to cultivate hemp.

1. The Florida Department of Agriculture requires a legal land description and global positioning coordinates of the area where hemp will be cultivated.

1. The Principal Persons must provide a full set of fingerprints.

1. You will be denied an agriculture license if you have been convicted of a felony involving a controlled substance within the past ten years. S. 581.217(5)(e)2.

1. An Environmental Containment Plan is required.

1. A Movement and Transportation plan is required.

Cultivation of hemp is only allowed on lands used primarily for bona fide agricultural purposes. It must be zoned for agricultural or industrial use or at a nursery. As long as the grow Lot meets these terms, there are no minimum acreage requirements or restrictions. Home-growing hemp is not allowed. s. 193.461, F.S., 

There is only one exception: a small number of registered nurseries located on residential property. Rule 5B-57.014 F.A.C. 

Postage is required at every cultivation location access point that contains the following information:

the Department-issued license number, the address of the cultivation location, and the following statement, “Hemp are being cultivated under a license issued by the Florida Department of Agriculture and Consumer Services.” Rule 5B57.014 F.A.C.

Hemp cultivation permits are available at the FDACS hemp website under Program Resources: https://www.fdacs.gov/Cannabis-Hemp/Hemp-CBD-in-Florida.

Before each intended harvest date, the Florida Department of Agriculture must be notified no fewer than thirty (30) days. Until the Florida Department of Agriculture notifies the licensee that the representative sample has an Acceptable T.H.C. level, the licensee is not allowed to harvest the Lot. 

The harvested crop is required to remain unprocessed in a securely locked building or fixed container on the licensed address or the storage location identified on the licensee’s application. Drying or freezing to prevent spoilage is not considered processing. Rule 5B-57.014, F.A.C.

The Department or an agent will collect a representative sample from each Lot to be tested for Total delta-9 tetrahydrocannabinol concentration within 15 days before the harvest date. Within one business day of collection, the Department or its agent will place the sealed representative sample in the mail or deliver it to the Designated laboratory of the licensee’s choosing.

After completion of the analysis, the Designated Laboratory’s initial report must be issued to the DPIHemp@FDACS.gov within one business day. The Florida Department of Agriculture will notify the licensee if the representative sample has an Acceptable T.H.C. level within one business day of receipt. The Lot may be harvested only if the representative sample has an Acceptable T.H.C. level. Rule 5B-57.014, F.A.C. 

The licensee has two options if the licensee is notified by the Department that the representative sample has an unacceptable T.H.C. level. 

1. The licensee can pursue retesting the sample by the Designated laboratory and/or by the Department to hopefully receive acceptable T.H.C. level confirmation. The Lot may be harvested if the retest reads an acceptable level of T.H.C. The licensee must destroy the crop if the harvest, even after being retested, does not have an acceptable T.H.C. level.

    

2. Schedule for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, a duly authorized Federal, State, or local law enforcement officer, or
3. In accordance with the Hemp Waste Disposal Manual, you must dispose of the Lot. FDACS08115, 12/19.
4. If the licensee refuses to comply, the Department will destroy the plants at the expense of the licensee. Rule 5B-57.014 F.A.C.

Intrastate Movement (within state)

When hemp is being moved between noncontiguous locations, the Department requires hemp to be transported in a fully enclosed vehicle or container. The transporter is required to have in their possession the following documentation:

• Bill of lading or proof of ownership with the following information:

   

• Name of the originating licensed cultivator (licensee)
• Physical address of the licensee
• Lot designation number
• License number of the licensee
• Name and physical address of the delivery recipient when transporting between noncontiguous locations.

Interstate movement (crosses a state border)

The requirements include all requirements listed in the previous section as well as the following additional requirements:

Certificate of Analysis (C.O.A.) showing the Total T.H.C. Delta 9. The formula used in Florida is THCA x .8777 + THC delta 9 = Total THC Delta 9.

• Bill of sale with the following information:

o Name and address of shipper or consignor

o Name and physical address of receiver or consignee

o Description of plants or plant products in the shipment

o Place and state of origin 8

o Final destination of shipment if different than consignee For nursery stock

• All of the information listed above, plus:

o A valid certificate of inspection – such as a nursery stamp issued by the state of origin For live hemp plants

• All of the information above, plus

o Original phytosanitary certificate of inspection

o Copy of the cultivation license from the state of origin

Mail and Parcel Shipment of Hemp Products

When shipping legal hemp, the only way for the law enforcement agent to distinguish between illegal marijuana and hemp is to have the proper documentation of the laboratory testing indicating the product is hemp.

Retail Sale, Consumables, Smoking/Vaping, Feed, and Seed

Retail Sale of Hemp Products and CBD

Hemp Extract

Hemp extract, which includes CBD and/or other cannabinoids, extracted from the hemp plant or flower, can be distributed and sold in the state if it meets the labeling and packaging requirements for hemp extract products. s. 581.217(7), F.S.

Retail Hemp Food Establishments

Food establishments that prepare and/or sell prepacked food consisting of or containing hemp extract to the end consumer are required to have a hemp food establishment permit from the Department of Agriculture and Consumer Services, Division of Food Safety.

Wholesale Hemp Food Establishments

Even if you are manufacturing, processing, packing, holding, or preparing food consisting of or containing hemp extract to sell that product to other businesses, you must have a hemp food establishment permit from the Department of Agriculture and Consumer Services, Division of Food Safety.

Labeling Requirements for Hemp Extracts

Each product requires a Certificate of Analysis stating:

1. the hemp extract is the product of a batch tested by an independent testing laboratory;

1. the batch contained a total delta-9 tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch; and

1. the batch does not contain contaminants unsafe for human consumption.

The product packaging must include: 11

1. a scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory;

2. the batch number;

3. the internet address of a website where batch information may be obtained;

4. the expiration date;

5. the number of milligrams of hemp extract;

6. a statement that the oil product contains a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis

Street Sale and Unlicensed Vendors

Retail sales of hemp products oil for human consumption must have a permit to sell hemp extracts and CBD products.

Sale of Hemp Flower

CBD Laws say the sale of hemp flower is legal in Florida. Hemp extract products intended for inhalation were made legal in 2020.

Hemp Extract or CBD in Milk or Dairy Products

CBD and hemp extracts are legally allowed to be added to milk or dairy products. There are specific requirements to do so, and they must be labeled as “Substitute Milk” or “Substitute Milk Products.”

Restaurants / Bars / Cosmetics

Selling hemp extracts and CBD products in restaurants, bars, or cosmetics are regulated by the Florida Division of Business and Professional Regulation using the following link http://www.myfloridalicense.com/contactus/.

Hemp and CBD Smoking and Vaping

Florida Law says hemp flowers are legally allowed to be dried and smoked in a cigarette or pipe. CBD vape is legally allowed to be sold in the marketplace too. You must be 21 years or older to do so.

Animal Food and Feed Products (Dog Treats)

The laws in Florida say hemp extracts and CBD products in animal food and feed products are legally allowed to be sold by licensed vendors and are regulated by the FDACS Division of Agricultural Environmental Services.

Hemp Seed

Florida laws say there are no regulations on hemp seed.

Is CBD Oil Legal in Florida?

Yes, CBD oil is legal in the State of Florida as long as it contains 0.3% or less by dry weight of delta-9 T.H.C.

Is Buying CBD Oil in Florida Legal?

Yes, buying CBD oil is legal in Florida. However, certain products are restricted to the ages of 21 years or older.

Is Selling CBD Oil Florida Legal?

Florida CBD Laws allow the sale of hemp-derived cannabinoids legal, but there are restrictions as listed above.

Is Selling CBD Oil Online Legal in Florida?

Selling CBD Oil online is legal in Florida.

Is CBD a Controlled Substance in Florida?

CBD Oil Florida is not a controlled substance, nor are oil CBD gummies.

How Much CBD is Legal in Florida?

There are no restrictions on the amount of CBD an individual can legally possess for store CBD products or agricultural hemp.

Is Smokable CBD Legal in Florida?

Yes, smokable CBD oil products and CBD oil legal CBD products CBD oil is legal in Florida as long as you are 21 years or older.