October 28, 2022

Are Delta 9 Gummies Legal in Florida?

Florida is known for its boundless marshlands, warm weather, and sandy beaches. Indeed, the Sunshine State is the ideal place to kick back and relax. But for those of us who like to relax with the help of a little bit of cannabis, the legal status of Delta-9 THC in Florida may be a bit more complicated than it seems. For THC products to be legal in Florida, they must follow specific guidelines marked by federal and state law.

So before you try to buy online or go to your local dispensary, it’s a good idea to get to know the legal status of hemp-derived Delta-9 THC products, medical cannabis, and recreational cannabis.

There are also legal nuances to understand when buying edibles, as not all of these are widely available to the public, and there is a possession limit to non-hemp-derived cannabis products.

Key takeaways

In this article, you’ll learn:

    • Hemp-derived Delta-9 THC is fully legal in Florida as long as products comply with less than 0.3% of Delta-9 THC.
    • Florida abides by the Federal ruling on hemp, while also having a medicinal marijuana act that requires a permit to buy weed.
    • Non-hemp-derived cannabis products require a license and are tagged as medicinal marijuana. 
    • In Florida, recreational marijuana is illegal, and there’s no possession limit as even 20 grams or less are considered a misdemeanor.

Delta-9-THC and Federal Law

Let’s start with the basics. First, federal law defines non-hemp-derived Delta-9 THC as a controlled substance, which is regulated under the Controlled Substances Act.

Products containing more than 0.3% of THC based on dry weight are considered prohibited. Some states have legislation towards this and consider this substance “medicinal cannabis”, which requires a permit, licensing, or other restrictions.

Since 2018, the federal Farm Bill Act has allowed growers and retailers to grow, produce, and sell products that contain less than 0.3% of Delta-9 THC per dry weight. These are considered hemp products, which is why CBD and other cannabinoids like Delta-8 THC are available for purchase.

As long as the final product's dry weight contains less than 0.3% of THC, it gives producers a small window to add hemp-derived THC to certain products like edibles. 

Those are the limited conditions under which Delta-9 THC is legal, as long as it is hemp-derived. Hence, many products with legal THC might have smaller doses than other cannabinoids, like HHC or Delta-8 THC.

Now that we know the status of Delta-9 at a federal level. Let’s quickly look at Florida's state laws regarding Delta-9 THC.

Florida Delta-9-THC Laws

Florida has had its own regulations on medical cannabis since 2016 with the passage of Amendment 2. This law established a medical program, allowing Florida residents with qualifying conditions to buy from state-licensed retailers. However, recreational, non-hemp-derived Delta-9 THC products were not allowed.

That said, in 2019, Florida passed HB 333 into law. This modification defines industrial hemp in line with federal rulings and guidelines, which makes hemp-derived Delta-9 THC products legal under the specific qualifications mentioned above.

What this means is that Delta-9 THC products that are hemp-derived are fully legal to buy as long as they follow the 2018 federal Farm Bill guidelines.

The main difference between medicinal cannabis and hemp-derived products is that hemp-derived products can be bought online or over the counter in dispensaries as long as you are 21 or older. Unlike medicinal cannabis, most hemp-derived products have low THC quantities and will not require a special license to purchase.

Is Delta-9 a Controlled Substance in Florida?

This is a little bit more complicated than a yes or no answer. Hemp-derived Delta-9 THC products are not considered a controlled substance since they comply with both the 2019 amendment to state law and the 2018 federal Farm Bill.

Medical cannabis needs a license and diagnosis of a qualifying treatment, which requires a healthcare professional to authorize the prescription of non-hemp-derived products.

The recreational use of cannabis is still fully prohibited under the federal Controlled Substance Act. So if you want to use Delta-9 THC for recreational use, lower doses from hemp-derived products are the only legal option in Florida.

Delta-9-THC Possession Limits in Florida

The answer to this comes down to the origin and product you are dealing with. For hemp-derived Delta-9 THC products, there is no actual limit to possession. 

As we mentioned, hemp-derived THC products tend to have much lower doses of Delta-9 THC, and most legal products out there fall into the category of edibles and tinctures. Most hemp flower strains also tend to have really low THC doses naturally, so you shouldn’t have any trouble if you consume hemp products that meet federal and state requirements.

For recreational Delta-9 THC, which is still illegal in the state, possessing 20 grams or less is regarded as a misdemeanor. This can be punishable by a sentence of one year of imprisonment and a fine of $1,000. The possession of more than 20 grams of cannabis is considered a felony, punishable by a maximum sentence of 5 years of imprisonment and a fine of $5,000.

Is Delta-9-THC Legal in Florida?

As you might have realized by now, there is no definitive answer to this question. It all comes down to the origin and type of product. If your Delta-9 THC product is fully hemp-derived, it is legal in Florida and available for purchase online and over the counter in regular dispensaries.

Medical cannabis is also legal but requires a license and a healthcare provider to ensure you qualify. Products are limited and can only be bought in specific medicinal dispensaries. 

Recreational cannabis or cannabis containing Delta-9 THC is illegal in Florida and punishable as a misdemeanor for less than 20 grams of flower and a felony for over that quantity.

We hope this guide helped you understand whether you can buy Delta-9 THC gummies and flower in your state. You can learn more about Delta-9 THC products and their legal status in the following video:



Where to Buy Delta-9 Gummies in Florida

If you want to enjoy fully hemp-derived Delta-9 THC, our Chill Gummies at the Dragon Hemp store are the perfect way to try this cannabinoid legally. These hemp-infused edibles are the ideal way to unwind during the week or elevate your weekend.

The Chill Gummies have a special full-spectrum superconcentrated blend with other naturally occurring cannabinoids, like CBD, CBC, CBDV, CBG, and delicious terpenes. These work in unison with a low dose of Delta-9 THC for perfectly relaxing effects.

You can find these in two flavors: Mojito, which has 2.5mg of Delta-9 THC, or Grapefruit, with 5mg of THC. Each gummy also has about 40mg of cannabinoid blend, resulting in a balanced experience.

Each pack contains 30 gummies, perfect for sharing or dosing throughout the month. These are also really easy to microdose, which could be helpful if you want to try Delta-9 THC to achieve your wellness goals. You can check out the gummies at our store here.


 

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