Do You Need a License to Sell Delta-8 in Florida

Yes, you do need a license to sell delta-8 in Florida. Delta-8 THC is legal in Florida; multiple licenses and permits are required depending on who is selling delta-8, what kind of delta-8 products you are selling, and to whom you are selling delta-8 in Florida. Read on to learn how to sell delta-8 THC in Florida, no matter your situation.

How to Legally Sell Delta 8 THC in Florida?

Since the passing of the Agriculture Improvement Act of 2018, aka “The Farm Bill,” on December 18th, 2018, any part of the Cannabis Sativa L. plant, including the seeds, all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration of 0.3 percent on a dry-weight basis is legal in Florida. Delta-8 THC is considered a technically legal cannabinoid of the Cannabis Sativa L. plant, which is legal in Florida as long as it contains a total delta-9 THC concentration of 0.3 percent on a dry-weight basis.

A recent ruling by the U.S. Court of Appeals for the Ninth Circuit has confirmed that delta-8 THC is legalized nationwide by the 2018 Farm Bill. Since the Federal enactment of the 2018 Farm Bill, Florida has created its own State Hemp Program following the enactment of Senate Bill 1020, which became effective on July 1st, 2019.

The State Hemp Program says that Hemp is an agricultural commodity, and hemp-derived cannabinoids, including delta 8 THC, are not controlled substances or adulterants. SB 1020 defines Hemp as any part of the Cannabis Sativa L. plant, including the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, that has a total delta 9 THC concentration that does not exceed 0.3 percent on a dry weight basis—basically saying that you can legally sell hemp-derived cannabinoids including delta 8 THC in Florida. California has a state hemp program that requires licensing and permits too.

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what licenses are required for selling delta 8 thc in hemp and CBD in Florida

What licenses are required for selling delta 8 THC in Hemp and CBD in Florida?

Delta 8 THC Cultivation License in Florida

Florida requires some licenses for delta 8 THC to be legally sold in Florida. To legally cultivate delta 8 THC to be sold in fla, you need a hemp cultivation license issued by the Florida Department of Agriculture. Even more, you are restricted to selling delta 8 THC intended for inhalation meaning vapes or delta 8 THC flowers, to adults 21 years or older.

Hemp Food Establishment Permit in Florida

Hemp, CBD, and delta 8 THC for human consumption must obtain a Hemp Food Establishment Permit. Hemp, CBD, and delta 8 THC for “Human Consumption” are products for human ingestion and human inhalation, not including external topical dermal Hemp, CBD, or delta 8 THC. If you are selling delta 8 THC oil, cannabis gummies, or delta 8 THC vapes, you must have a Hemp Food Establishment Permit in Florida.

Do Retailers of Delta 8 THC Need a Hemp Food Establishment Permit in Florida?

Yes, retailers of delta 8 THC intended for human consumption must have a Hemp Food Establishment Permit in Florida. Mobile retailers and unlicensed vendors need a Hemp Food Establishment Permit in Florida.

Do Wholesalers of Delta 8 THC Need a Hemp Food Establishment Permit in Florida?

Yes, wholesalers of delta 8 THC intended for human consumption need a Hemp Food Establishment Permit in Florida.

Do You Need a Hemp Food Establishment Permit to Sell Delta 8 THC Online in Florida?

Yes, even online delta 8 THC companies offering ingestible or inhalable delta 8 THC need a Hemp Food Establishment Permit for their customers purchasing in Florida.

Do I Need a Permit to Sell Topical Delta 8 THC?

There are no permits you need to have for the sale of topical delta 8 THC in Florida. Since topical delta 8 THC is for external use and not human consumption, a Hemp Food Establishment Permit is unnecessary. If you are not cultivating topical delta 8 THC, you could sell Topical Delta 8 THC as a retailer, mobile vendor, or online seller without a license or permit in Florida.

Would You Need a Florida Permit to Sell Delta 8 THC in a Restaurant or Bar?

If a restaurant or bar sells delta 8 THC, CBD, or Hemp intended for human consumption, then a Hemp Food Establishment Permit is needed in Florida. However, if a restaurant or bar sells topical delta 8 THC, Hemp, or CBD, then a Hemp Food Establishment Permit is unnecessary. Topical delta 8 THC, CBD, and Hemp could be creams, body oils, roll-ons, or any other external use products.

How Much is a Hemp Food Establishment Permit in Florida?

To acquire a Hemp Food Establishment Permit, you will pay an annual fee of $650 in Florida.

Is there special testing required to sell delta 8 THC in Florida?

Yes, there is special 3rd party testing and certificates of analysis (COA) for compliance when offering delta 8 THC in Florida, including Miami. There are different testing requirements for the Hemp Cultivation License compared to the Hemp Food Establishment Permit in Florida.

Testing Requirements for the Hemp Cultivation License in Florida

To acquire a Hemp Cultivation License, you will submit a representative sample of your delta 8 THC crop within 15 days before the harvest date to the Florida Department of Agriculture or its agent, which will be tested for the total delta 9 THC concentration. Your delta 8 THC crop must not contain more than 0.3% dry weight delta 9 THC. If it contains more than 0.3% delta 9 THC, your crop will be destroyed.

Testing Requirements for the Hemp Food Establishment Permit in Florida

All hemp products intended for human consumption, including delta 8 THC, must be accompanied by a lab report called a “Certificate of Analysis” (COA). Your delta 8 THC products could only be distributed or sold in the state of Florida if your products have a certificate of analysis done by an independent accredited laboratory stating the batch contains a total delta 9 THC concentration not exceeding 0.3 percent and does not contain unsafe contaminants.

Can you legally sell Marijuana in Florida?

You could legally sell Florida medical marijuana with the proper licensing and permits. Recreational marijuana has not been legalized in the state of Florida. However, there was a recent Recreational Marijuana Ballot to legalize marijuana in Florida by 2024 filed with the Florida Division of Elections financially backed by Trulieve Cannabis. Within the next two years, as of the publishing of this article, the recreational marijuana laws in Florida may change, and recreational marijuana may be legal.

FAQ About Selling Delta 8 in Florida

Who can sell Delta-8 in Florida?

According to current Florida delta 8 compliance laws, anyone 18 years or older with the proper licensing and permits can sell delta 8 in Florida. However, you must be 21 years or older to sell delta 8 intended for inhalation, such as delta 8 THC vape products, including vape carts.

How old do you have to be to sell Delta-8 in Florida?

You have to be at least 18 years or older to sell delta 8 in Florida, and you have to be 21 years older to sell delta 8 flowers, delta 8 vapes, or any delta 8 products intended for inhalation in Florida.

How do you become a Delta-8 Reseller in Florida?

You become a delta 8 reseller in Florida by obtaining the proper delta 8 licenses and permits in Florida.

Do you need a license to buy Delta-8 in Florida?

As long as the delta 8 is derived from Hemp and not marijuana, you do not need a license to buy delta 8 in Florida. If delta 8 is derived from marijuana, you must have a medical marijuana license to purchase marijuana-derived delta 8 in Florida.

Guidelines and regulations for advertising delta 8 on platforms like Google and Facebook are more challenging than the Florida delta 8 laws.

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