Is Delta 8 legal in Florida? Florida State Laws 2023 (2023)

Is Delta 8 THC legal in Florida? Yes, but there are certain limitations that you must be aware of.

While the state legalizes hemp-derived products and has one of the fastest developing medical marijuana programs in the country, it still has a long way to go when it comes to legalizing recreational activities.

Thanks to the 2018 Farm Bill, cannabis users in Florida can enjoy a legal high from Delta 8 products.

Wondering where to buy Delta 8 THC in Florida?

Should I look for it locally or order it from online retailers?

Here's everything you need to know about Florida's THC Delta 8 laws and a list of the top stores in the state.

Is Delta 8 THC legal in Florida?

Delta 8 THC is federally legal, but 14 states have banned it outright.

Fortunately, Florida is not one of them.

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You can buy Delta 8 legally in Florida, but these products must be derived from hemp, the non-intoxicating subspecies of cannabis.

Here's what you need to know about the legal status of delta-8-THC from hemp and marijuana in Florida.

Related:States where Delta 8 THC is legal

Delta 8 THC derived from marijuana

As mentioned at the beginning of the guide, marijuana is illegal in Florida. Possession of up to 20 grams is considered a misdemeanor punishable by up to 1 year in prison and a $1,000 fine.

If you are caught with more than 20 grams, it is a felony punishable by 5 years in prison followed by a $5,000 fine.

However, medical marijuana is more easily treated.

Can doctors prescribe medical marijuana in Florida?

Yes, doctors can recommend medical marijuana to patients with qualifying conditions described in the state's medical marijuana program. Once you have obtained a medical marijuana card, you can purchase marijuana products at any of the state-licensed dispensaries in Florida.

Unfortunately, you cannot buy Delta 8 THC as it is not considered a medical marijuana product.

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Delta 8 THC derived from hemp

Hemp-derived delta-8 THC is legal in Florida because such products contain 0.3% delta-9 THC or less.

The 2018 Farm Bill reclassified hemp as an agricultural commodity. Farmers can grow and sell hemp for any purpose, including cannabinoid extracts like Delta 8.

Delta 8 THC is a minor cannabinoid; There is 1% or less of Delta 8 in mature hemp flowers. But hemp growers have found a solution for this.

Delta 8 can be extracted directly from CBD through a series of conversion processes involving acids and heavy metal reagents.

As long as your delta-8 THC products come from hemp, you won't be in trouble with the law.

Related: Is CBD legal in Florida?

Where to buy Delta 8 THC in Florida

You should have no trouble finding a local store that carries Delta 8 THC in Florida. It is available at pharmacies, e-cigarette stores, spas, and even gas stations.

However, we do not recommend buying delta-8 THC locally, as it is difficult to verify the quality and safety of the products sold by dealers in stores.

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You really need to be careful before entrusting your money to a local business.

Online stores are the way to go if you want to ensure a quality purchase (more on that later)

if you still wantBuy Delta 8 THC anywhere near youwe have compiled a list of the most reputable local providers at the end of this guide.


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Buy Delta 8 THC online in Florida

If you are interested in high-quality Delta 8 THC products in Florida, online retailers are your best bet.

Buying Delta 8 THC online is more accessible and convenient than going back and forth between different hemp shops looking for the right product. You can explore hundreds of formulas, strengths, flavors, and strains without leaving your home. Remember to only buy from the best trusted Delta 8 brands.

Online retailers also offer better price deals than physical stores because there are no middlemen involved in running an online store. With no third party involvement in transactions, you can take advantage of subscription pricing, bulk orders, coupon codes, and rewards programs to save even more money by selling quality Delta-8-THC products.

Below we explain the legal situation of Delta-8-THC in Florida.

Where to buy Delta 8 THC locally in Florida

Is Delta 8 legal in Florida? Florida State Laws 2023 (3)

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There are many local stores in Florida that sell Delta 8 THC. A quick Google search should return several results with providers nearby.

However, not all of these stores know how to tell the difference between high-quality Delta-8 THC and low-quality, tainted extracts, so do your due diligence before purchasing Delta-8 in your area.

Here are the top-rated Delta 8 THC stores in Florida, based on verified user reviews on Google Maps.

Delta 8 THC Stores in Florida

smoking shop8315 Sheldon Rd, Town' N' Country, FL 33615, EE. UU.
LGH Dockside Dispensary (THC Recovery)63 Baymont St, Clearwater Beach, FL 33767, EE. UU.
Mary Jane's Bakery CBD y Delta 8 THC331 NE 54th St #4, Miami, FL 33137, EE. UU.
CBD Plus EE. UU.1160 N Federal Hwy, Pompano Beach, FL 33062, EE. UU.
CBD Kratom by Vita and Delta-8 THC3402 US-19, Perry, FL 32348, United States
delivery D8333 SE 2nd Ave Suite 2000, Miami, FL 33131, EE. UU.

How to buy Delta 8 THC in Florida

The legality of individual cannabinoids is a dynamic issue; there are no official regulations on quality standards and safety testing.

No two Delta-8 THC products are the same. There are some foolproof steps you can take to make an informed decision by cutting out inferior products the first time.

  • Check the hemp source.Hemp plants are dynamic bioaccumulators. In other words, they absorb all the substances in their environment, including nutrients and toxins. The goal is to avoid toxins and maximize the concentration of nutrients. For this reason, US-grown organic hemp is superior to mass-produced, pesticide-laden crops imported from China or India.
  • Opt for CO2 extraction.The CO2 method is the gold standard in the industry, as it uses a pressurized natural element instead of relying on harsh solvents or high temperatures. This technology always results in pure and effective products.
  • Avoid bleach.Some manufacturers use bleach to make their Delta 8 distillate appear cleaner. In fact, it is good if the distillate has a slightly amber or pink color, as this indicates a natural extraction. Bleach, on the other hand, is difficult to remove from the final product, so you risk additional contamination.
  • read lab reports.Third party lab reports are the only way to verify the quality and safety of Delta-8 THC products. An independent laboratory performs a thorough analysis of the product's content, including Delta 8 potency, Delta 9 levels, and the presence of contaminants such as pesticides, heavy metals, mold, and bleach. When a company doesn't publish these lab reports, it's a big red flag.
  • Order from name brands.Many reputable CBD companies are now adding delta-8 THC to their collection because they have the right technology and skilled workers to extract usable amounts of delta-8 from hemp. If you see a popular CBD brand selling Delta-8 THC products, choose them over no-name vendors to avoid scams.

Key Takeaways About Buying Delta 8 THC in Florida

Delta-8-THC is a trendy cannabinoid, so a quick Google search should be able to find a store that carries delta-8-THC products.

Although Florida has a strong hemp market, Delta-8 THC is still a newcomer to town, so beware of shady companies trying to sell you cheap, untested Delta-8 extracts.

That is why we prefer to buy Delta 8 THC online. This saves you time on local errands when you can compare hundreds of different products from the comfort of your home.

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Not to mention, buying Delta 8 online gives you more tools to research your potential supplier.

How to buy Delta 8 THC in Florida? Do you have a trusted store nearby or do you buy online? Tell us in the comments!


Can you go to jail for Delta-8 in Florida? ›

Delta 8 in Florida

It's illegal to use, sell, possess, distribute, or cultivate marijuana within state lines for recreational purposes. Possession of marijuana is considered a misdemeanor and could cost you thousands of dollars as well as jail time.

What is the Florida law on Delta-8? ›

Florida law requires all hemp extract products, including Delta-8 products, to have a COA showing the Total THC (THC A x . 8777 + Delta 9 = total THC) is 0.3% or less. The Department is conducting regulatory testing to confirm compliance with this standard for consumer protection.

What happens if you get pulled over with Delta-8? ›

Though, because there is not a specific law and more of guidelines for having Delta-8 in the car, it would not be illegal for a person to be carrying Delta-8 on them while driving or in a car.

Can you get fired for Delta-8? ›

So, even though Delta-8 isn't illegal, it will still show positive for THC and you will be fired for having it in your system.

Does Delta-8 show up on drug tests? ›

Key takeaways: Delta-8 THC is a chemical found in cannabis with similar effects to traditional (delta-9) THC. Because delta-8 THC is similar to delta-9 THC, it can make you feel high and is likely to show up on a drug test.

Do Florida gas stations sell Delta-8? ›

Delta 8 products are available in Florida at CBD stores, gas stations, or they can be purchased online.

Can you buy Delta-8 in Florida without a medical card? ›

Do I Need a Medical Card in Florida to Order Delta 8 THC? No, you don't. It was derived from legal hemp — with less than 0.3% of THC —so it falls under the same laws as CBD. You can buy it without a medical license in all delta 8 THC legal states, including Florida.

Can you fly with Delta-8 buds? ›

In many cases, it's perfectly okay to fly with Delta 8, but you may need to abide by certain rules regarding its storage on the flight. It is legal to fly with Delta 8 when you are flying to and from areas where Delta 8 is permitted, as long as the airline you choose doesn't expressly prohibit Delta 8 products.

Do you need a license to buy Delta-8 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.

How long will a hit of Delta-8 stay in your system? ›

The half-life of Delta 8 THC has been reported as anywhere from 40 minutes to 7 hours. Delta 8 THC can linger in the body much longer than other metabolites and it is generally believed that Delta 8 remains detectable in the body for one to three days after consumption.

How long does Delta-8 stay in your system after one hit? ›

In summary, delta 8 THC will remain in the system for about two days if you've only used it once or twice. If you take delta 8 often or in high doses, you may need to wait somewhere between 2 and 4 weeks to be cleared from the body completely.

How long does Delta-8 stay in your system for a heavy user? ›

Blood Test

Blood tests for Delta 8 THC can reveal traces of the substance for up to two days after the last use. In some instances, Delta 8 can be detected even after 25 days, especially in heavy and long-term users and those with a high tolerance for it.

What are the dangers of delta-8? ›

A consumer update issued by the FDA in 2021, warned of delta-8 THC's serious health risks after receiving 104 reports of adverse events from delta-8 use.
Adverse events included, but were not limited to:
  • hallucinations.
  • vomiting.
  • dizziness.
  • confusion.
  • anxiety.
  • tremor.
  • loss of consciousness.
Oct 27, 2022

What are the dangers of smoking delta-8? ›

Some manufacturers may be using unsafe household chemicals to create delta-8, which can be incredibly harmful if consumed or inhaled. Unintended consequences – although delta-8 is reported to be milder than THC, it has been found to cause adverse effects, including anxiety, dizziness, confusion, and hallucinations.

Does delta-8 give you a tolerance break? ›

Key Takeaways. Delta-8-THC is thought to be tolerance building, which means you may find that you need larger doses to experience the same effects over time. You can combat high tolerance by taking a Delta-8-THC tolerance break, or abstaining from Delta-8 use for a period of time.

How much delta-8 can cause you to fail a drug test? ›

Whether you're consuming Delta-9 THC from your local dispensary or Delta-8 online, the cannabinoids metabolize into the same THC metabolites in your body. That means consuming any amount of any THC can cause you to fail a test. The legal limit is 0.3% Delta-9 THC in a CBD or hemp-derived product.

How do you get delta-8 out of your system in a week? ›

The most effective way to clear Delta 8 from your system is to drink plenty of water. This will help you flush more Delta 8 THC via urination and will help dilute the remainder of the THC metabolites in your system.

Can you buy Delta 9 in Florida? ›

Hemp-derived Delta-9 THC is legal in Florida but it wasn't until 2018 it was allowed to be sold to consumers. Bill SB 1020 allows the purchase of hemp-derived Delta-9 THC products within certain limits of the farm bill; basically Delta-9 products being sold cannot contain greater than the limit of . 3% THC.

Can I walk into a dispensary without a card in Florida? ›

Can I Go to a Dispensary Without a Card in Florida? No, you won't be able to go to any dispensaries in Florida without a Florida medical marijuana card. Recreational cannabis has not been legalized in Florida, which means that only qualified MMJ patients can go to dispensaries.

Can you fly Delta with medical Marijuanas? ›

Accordingly, Delta Air Lines does not allow passengers to transport marijuana on our flights.

Is Delta 10 stronger than 8? ›

The most significant difference between Delta 8 and Delta 10 is that Delta 8 is more potent than Delta 10. Delta 8 has a higher concentration of cannabinoids, making it much stronger. Delta 8 provides psychoactive effects that last much longer, whereas Delta 10 has more of a Sativa effect.

Can airport dogs smell Delta-8 gummies? ›

Can drug dogs detect delta-8 gummies? Drug dogs can smell delta-8. The handlers train these canines to pick up various substances, including delta-8 and other cannabis derivatives. However, with relaxed legislation around cannabis and more focus on hard drugs, the chances of a drug dog picking up delta-8 are low.

Can I bring dab cart on a plane? ›

While nicotine e-liquid or extra pods can be packed in either carry-on or checked bags, federally controlled substances like cannabis products—even small amounts, such as residue in devices—are prohibited on most United States flights. Don't risk it.

Can you buy Delta-8 without a card? ›

Buying Delta 8 THC At the Dispensary

And the best part, you don't need a medical card. To avoid having a non-federally approved product, verify that it is hemp-derived with the budtender.

Is Delta 10 legal in Florida? ›

Delta 10 THC is federally legal in the United States and is legal in Florida! According to state law, which is in line with federal law, Florida has specifically legalized all Hemp products which contain an acceptable level of Delta 9-THC.

Can you legally travel with Delta-8? ›

It is legal to fly with Delta-8 when you are flying to and from areas where Delta-8 is legal, as long as the airline you choose doesn't specifically prohibit Delta-8 products.

How old do you have to be to buy a Delta-8 pen in Florida? ›

Florida currently allows Delta 8. It is legal for anyone over 21 to purchase it without a prescription. It is legal in all forms, including oils, gummies, and tinctures. The best place to buy Delta 8 THC products is online.

What States is Delta-8 not allowed? ›

Still, some people believe that Delta-8 is a controlled substance. Fifteen states have explicitly banned its use. These states are Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, South Carolina, Utah, and Vermont.

Can drug dogs smell Delta-8? ›

Drug dogs can smell delta-8. The handlers train these canines to pick up various substances, including delta-8 and other cannabis derivatives. However, with relaxed legislation around cannabis and more focus on hard drugs, the chances of a drug dog picking up delta-8 are low.

Will TSA take my vape out of my bag? ›

When a carry-on bag is checked at the gate or plane side, all electronic cigarette and vaping devices, along with any spare lithium batteries, must be removed from the bag and should be taken with you in the aircraft cabin.

How long does Delta-8 stay in your system? ›

The half-life of Delta 8 THC has been reported as anywhere from 40 minutes to 7 hours. Delta 8 THC can linger in the body much longer than other metabolites and it is generally believed that Delta 8 remains detectable in the body for one to three days after consumption.

Is Delta 9 legal in FL? ›

Hemp-derived Delta-9 THC is legal in Florida. The 2018 Farm Bill legalized hemp-derived products in the United States, provided they do not contain more than 0.3% Delta-9 THC.

Is Delta 8 stronger than CBD? ›

THC gummies with Delta 8 are more potent than CBD gummies, which means they will deliver more pain relief and other benefits. CBD gummies, on the other hand, are more widely available and less dangerous than Delta 8 THC candies.

Can you get Delta 8 without a card? ›

In states where medical cannabis is legal but recreational use is still prohibited, you may need a medical cannabis card to access Delta-8-THC products at a dispensary. In states where recreational cannabis is legal, you won't need a medical card, but will need to be over 21 years old.

What states is Delta 9 illegal? ›

Hemp-Derived Delta 9 THC legality by state
NevadaNew HampshireNew Jersey
New MexicoNew YorkNorth Carolina
North DakotaOhioOklahoma
13 more rows


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4. New 2023 California law cracks down on dangerous, deadly 'side shows'
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