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Is CBD Legal in Florida? Ask an Expert

Is CBD Legal in Florida? Ask an Expert

Posted by Melissa Chipman on Sep 30th 2020

Is CBD Oil Legal in Florida?

Nowadays, you can find CBD oil derived from the hemp plant all across the United States, from health food stores, to gas stations. There is probably a storefront near you that may sell CBD products exclusively. However, the state of Florida was slow to adopt CBD oil laws after cannabidiol CBD became legal under federal law in the United States with the passage of the 2018 Farm Bill. In fact, in early 2019, several prominent cases in Florida received national attention when police arrested people for possession of hemp CBD oil. This aggressive law enforcement left people asking the question: Is CBD oil legal in Florida?

You Can Buy CBD Oil in Florida

The answer is yes. Thankfully, cultivating hemp plants and buying full spectrum CBD products is now 100 percent legal in Florida. That’s great news for all Floridians, especially when it comes to potential wellness benefits for the state’s aging population. Over 20 percent of Floridians are over the age of 65, according to Census figures.1 Most people who buy CBD oil are older and suffer from aches and discomfort in their joints and are drawn to using CBD oil as potential relief as an alternative to pharmaceutical medications.  

Florida state laws have had a complicated relationship with the cannabis plant over the decades. This is because cannabis unfairly found itself placed in the Schedule I drug class during the early 20th century. Enforcement of marijuana laws in the Florida Supreme Court was once quite severe, but then Floridian voters approved Amendment 2 in 2016, which legalized medical marijuana. However, CBD oil products made from hemp strains with low THC content were still on shaky legal grounds.

Here’s a quick look at everything you need to know about the legality of CBD oil and other CBD products made from full spectrum hemp extracts in Florida.

Cannabis Laws in Florida

In 2016, Florida voters passed a constitutional amendment to legalize medical cannabis containing high THC levels with 71 percent of the vote. That shook the Florida establishment to its foundations in the state capitol in Tallahassee, and it took a few years to open state licensed dispensaries and fully implement the medical marijuana program.

That’s one reason why the medical marijuana program in Florida has some quirky rules, like how medical cannabis prescriptions may only be for three 70-day supplies before another doctor visit is required.2 But those strict rules haven’t stopped nearly 440,000 people from signing up for a medical marijuana card in Florida, as of November 2020.3

After the Farm Bill legalized industrial hemp in 2018, many states put recreational marijuana laws on their ballots. A highly anticipated effort to legalize marijuana in Florida failed before the pandemic of 2020 hit. That vote to legalize all cannabis plant products regardless of THC content has been pushed back to 2022. Meaning that non-prescribed hemp oil with high THC levels, over 0.3 percent THC, remains illegal in Florida with even small amounts punishable by up to a year in prison and a $1,000 fine.

CBD Laws in Florida

After getting comfortable with the medical marijuana program, Florida CBD laws have recently changed for the better. Up until 2020, Florida had a perplexing relationship with CBD products. CBD was legalized in 2015 under the “Limited Use Act” in Florida, but it was illegal to buy or possess without a prescription. CBD-rich hemp plants containing less than 0.3 percent THC were legalized nationwide under the 2018 Farm Bill, so many people assumed low THC CBD oil was legal in Florida.

But in May of 2019, a 69-year-old great-grandmother from North Carolina was arrested on during a much-awaited visit to Disney World for possessing CBD oil. She used CBD for her arthritis, but the police used it to put her in jail. That’s right: the Disney World police arrested a great-grandmother for possession of CBD oil.

The Orange County Sheriff's Office defended their deputies’ actions to the media.4 But the charges against the great-grandmother were quickly dropped. She has since filed a lawsuit against The Walt Disney Co. and the Orange County Sheriff’s Office.5 Soon after this incident, Florida lawmakers got their act together and made it legal to buy CBD oil products and have them in one's possession in the state of Florida.

Florida CBD Oil Laws get a Makeover

Hemp derived CBD products are now legal in Florida for people age 21 and over, and it's easier to buy CBD oil. People younger than 21 still need a prescription for hemp products. Sales are overseen by the office of the Agriculture Commissioner. That means CBD cultivation and CBD sales no longer exist in a “gray” legal area like they did prior to the commissioner’s oversight.

The office of the Florida Agriculture Commissioner oversees the sales of Florida CBD oil products. The office is charged with monitoring and inspecting retailers. Smaller retailers like coffee shops and convenience shops have found trouble with some of these regulations, especially the licensing fee. Florida CBD oil retailers must pay $650 for a state license to sell hemp oil CBD products and agree to inspections from state regulators.6

Make Sure Your CBD is Safe

Each bottle of CBD oil sold in Florida must have a barcode which is directly linked to the product's third party lab analysis. This keeps unsafe CBD products off the shelves of Florida retailers. Hemp plants are bio-accumulators, meaning it draws toxins out of the soil. That's why you want to be sure to read the lab reports. To make it easier, choose USDA Organic CBD oil made from organically grown hemp plants to ensure it is free of harmful toxins.

Checking the lab reports and buying organic can help you avoid fake CBD products. Some unscrupulous companies will market cannabinoid-free hempseed oil as hemp oil, selling you cooking oil for an amped up price point. Or you may see a product making erroneous health claims. The FDA has strict regulations claims made by dietary supplements or any food additive regarding health. So any CBD oil making health claims should be suspected to be fake.

Make Sure Your CBD is Effective

There are many different CBD products out there, but full spectrum hemp CBD oil is the only one shown to produce an "entourage effect." This effect happens when all of the cannabinoids are present, including trace amounts of THC, and it helps you get the maximum health benefits from CBD possible. Thanks to the new CBD laws in Florida, full spectrum CBD oil legally without risk of arrest.

Is It Legal to Get CBD Mailed to You in Florida?

Yes, CBD products are legal to receive in your Florida mailbox! People used to worry about the limitations of CBD laws in Florida. There was real risk of the police showing up at their door for buying CBD oil from another state and shipping it to their homes. But rest assured, buying CBD oil is legal under federal law and this includes receiving it by mail. In fact, US Postal Service put out a statement in 2019 saying that any legal hemp-derived CBD product (one that contains less than 0.3 percent THC) is legal to ship in the mail.

So if you’re a Florida resident and would like to have CBD oil mailed right to your door from a brand you can trust, just shop at Cornbread Hemp and choose a shipping option. The good people at USPS and UPS will gladly deliver CBD products to your Florida doorstep.

Conclusion: Is CBD Oil Legal in Florida?

Florida CBD oil laws and cannabis laws are ever-changing. It began when voters legalized medical marijuana and encouraged the implementation of state licensed dispensaries to provide cannabis to medical marijuana card holders.

It took much more legislation to make CBD legal in Florida, but thanks to the Farm Bill and to the amendments passed by voters, Florida is CBD friendly now. It’s perfectly legal to sell CBD and buy CBD in Florida. And it's legal to take your CBD oil to Disney World, or anywhere else in Florida, without the risk of getting arrested. And most importantly: it’s always safe and legal to buy CBD oil products online from Cornbread Hemp.

References

1.

“Quick Facts Florida.” US Census Bureau. Pub: 2018. Accessed: 12 Nov. 2020. https://www.census.gov/quickfacts/FL 

2.

“Florida Medical Marijuana Law.” NORML.org. https://norml.org/laws/medical-laws/florida-medical-marijuana-law/ 

3.

“November 6, 2020.” Office of Medical Marijuana Use. Pub: 6 Nov. 2020. Accessed: 12 Nov. 2020. https://knowthefactsmmj.com/2020/01/03/2020-ommu-updates/ 

4.

Hollan, Michael. “Great-grandmother with CBD oil arrested at Disney World.” Fox News. Pub: 7 May 2020. Accessed: 12 Nov. 2020. https://www.foxnews.com/travel/grandmother-cbd-arrested-disney-world 

5.

“It’s a litigious world, after all: Great-grandmother arrested for CBD oil possession ast year sues Disney.” JDSUPRA. Pub.: 11 Aug. 2020. Accessed: 12 Nov. 2020. https://www.jdsupra.com/legalnews/it-s-a-litigious-world-after-all-great-51035/ 

6.

Kam, Dara. “Florida moves forward with CBD regulations that went into effect Jan.1.” Pensacola News Journal. Pub: 6 Jan. 2020. Accessed: 12 Nov. 2020. https://www.pnj.com/story/news/2020/01/06/florida-moves-forward-cbd-regulations-went-into-effect-jan-1/2828385001/ 

All rights reserved. The statements made regarding products from hemp derived cannabinoids have not been evaluated by the Food and Drug Administration. These cannabidiol CBD hemp products are not intended to diagnose, treat, cure or prevent any disease or provide significant health benefits. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product.

Cornbread Hemp works with suppliers who guarantee hemp that contains less or equal to a 0.3% THC level in accordance with the Hemp Farming Act, aka the 2018 Farm Bill which legalized industrial hemp. With these trace amounts of THC, it is possible that users may fail a drug test. Cornbread Hemp does not take any responsibility in the instance a customer fails a drug test while using these full spectrum products. The Farm Bill made CBD oil legal in Florida and across the US, but the stigma remains, and drug tests may still interpret CBD as THC.