The legality of cannabis and cannabinoids can be incredibly confusing. Some states have said that cannabis is okay for medicinal purposes, others state that it’s okay in small recreational doses. Many more states say that it is illegal and consuming or possessing any part of the cannabis plant, whether it’s leaves, stalk, liquid, or other derivatives, is criminal. Let’s take a look at Delta 8 in Florida.
But what about cannabinoids, the parts of the cannabis plant? Are they under different classification than cannabis or is it all considered the same thing?
Federal Law
Back in 2018, the USDA passed the Farm Bill, which clarified some of the confusion on what is legal and what isn’t when it comes to cannabis. The stalk of the cannabis plant is considered hemp, and any hemp derived products, whether growing or not, that contain less than 0.3 percent of Delta 9, are legal to sell and produce to the general public.
This classification has opened up several different avenues for the hemp industry. Many producers and sellers have grown across the country in the past couple of years. This has created new jobs and growth in an industry with a net worth of around $1.9 billion dollars. This has been despite a recession and a crash in the economy. But just because something is classified as legal on the federal level doesn’t mean that it is legal on the state level. Each state has their own rules and regulations when it comes to Delta 8 and other hemp derived products.
Florida State Law
Florida has legalized Delta 8 under the same classification as the Farm Bill. The law states:
“(a) Hemp is an agricultural commodity.
(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.”
“‘Hemp’ means 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.
The state of Florida sees any cannabinoids that do not contain more than 0.3 percent of Delta 9 to be an agricultural product. Not a controlled substance. Delta 8 falls under this classification, making it a legal product to have and consume within the state limits.
Laws are always subject to change, so do your research before purchasing and consuming any Delta 8 products. Make sure to check back for more cannabis and hemp related news.