Is Delta-9 THC (hemp-derived) Legal in Florida? (2026)

Vape / inhalable

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Hemp extract 'for inhalation' is expressly included in the Sec. 581.217(3)(f) definition of 'hemp extract' and is lawful if the batch tests at or under 0.3% total delta-9-THC wet-weight, carries a COA/QR code/batch labeling, and is sold only to persons 21+ by a properly permitted business. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Capsule / tablet

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Same hemp-extract framework; no mg cap. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Beverage

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as beverage. Hemp Delta-9 drink - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Covered as ingestible hemp extract under the same 0.3% wet-weight cap, COA, and 21+ requirements; no beverage-specific statutory mg cap currently in force. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Edible / ingestible

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Covered as 'hemp extract... intended for ingestion' under Sec. 581.217(3)(f); same 0.3% wet-weight cap, COA, labeling, and 21+ sale requirements apply. No statutory per-serving/per-package mg cap -- SB 1698 (2024), which would have imposed 2 mg/serving and 10 mg/container caps, was vetoed by Gov. DeSantis on June 7, 2024. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Flower / raw plant

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Sec. 581.217 does not categorically ban smokable hemp flower; raw hemp flower testing at or under 0.3% total delta-9-THC on a dry-weight basis is 'hemp,' not a controlled substance, though it must still meet the state hemp program's licensure and testing framework. No Florida statute found specifically banning smokable hemp flower as of this retrieval. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Other

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as other. Hemp Delta-9 other - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Any other form defaults to the Sec. 581.217 hemp-extract framework: 0.3% cap, COA/QR/batch labeling, permitted facility, 21+ sale. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Powder / bulk

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Same hemp-extract framework; no mg cap. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Raw material / RUO

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Raw hemp/biomass cultivation and sale between licensed processors is governed by the Sec. 581.217 state hemp program (grower licensure, land registry, random testing); not a consumer-facing restriction. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Tincture / sublingual

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Same hemp-extract framework and 0.3% wet-weight cap; no mg cap. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Topical

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Florida as topical. Hemp Delta-9 topical - restricted. Controlling source: Fla. Stat. Sec. 581.217 - State hemp program.

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Hemp-derived topicals containing cannabinoids fall under the general hemp-extract/hemp definitions and 0.3% cap, though 581.217(7)(d)'s ingestion/inhalation age restriction is form-specific -- topicals are lightly touched by that particular subsection but remain subject to the general 0.3% concentration and COA/testing requirements. Florida's framework is comparatively permissive: it caps hemp/hemp-extract at 0.3% total delta-9-THC (dry weight for plant material, wet weight for extract) with no additional per-serving or per-package milligram limit, requires COA/QR-code/batch labeling and permitted-facility processing, and restricts ingestible/inhalable sale to persons 21+. There is no cannabis-specific license -- only the general permitted-facility/business-permit framework under Chapters 500, 502, and 580. This is materially lighter-touch than Connecticut, Georgia, or Hawaii's mg-cap regimes.

Controlling language, verbatim

"Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.

Source of excerpt

Citations

  1. Fla. Stat. Sec. 581.217 - State hemp program (Florida Legislature, Online Sunshine, 2026-07-18) PRIMARYOFFICIAL
  2. Fla. Stat. Sec. 581.217(3)(e)-(f), (7) PRIMARYOFFICIAL
  3. CS for SB 1698 (2024) -- vetoed (The Florida Senate, 2026-07-18)OFFICIAL
  4. Fla. Admin. Code R. 5K-4.034 (COA/labeling for consumable hemp delta-9 products) (Florida Dept. of Agriculture and Consumer Services (FDACS), 2026-07-18)OFFICIAL

Status by product form in Florida

FormStatusHeadlineVerified
Vape / inhalable RestrictedHemp Delta-9 vape - restricted2026-10-22
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-22
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-22
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-22
Flower / raw plant RestrictedHemp Delta-9 flower - restricted2026-10-22
Other RestrictedHemp Delta-9 other - restricted2026-10-22
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-22
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-22
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-22
Topical RestrictedHemp Delta-9 topical - restricted2026-10-22

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Florida's 2 neighbors, Georgia is restricted; Alabama is gray area.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Florida

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Florida

5 instruments on file for this compound's framework in Florida; 40 of 40 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Fla. Stat. 581.217(3)(e)-(f), (7)(b), (7)(d), (12)(a); Fla. Admin. Code 5K-4.034 · Fla. Stat. 581.217(3)(e)-(f), (7)(b), (7)(d), (12)(a); Fla. Admin. Code 5K-4.034OFFICIAL
Instrument
Fla. Stat. 581.217(3)(e)-(f), (7)(b), (7)(d), (12)(a); Fla. Admin. Code 5K-4.034
Source
https://www.flsenate.gov/Laws/Statutes/2025/581.217
Retrieved
2026-10-07
Fingerprint
8d0bf52687353cb2
581.217(3)(e) ["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" [with a] "total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis." (3)(f) ["Hemp extract" means a substance] "intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation" [...]. (7)(b) [Hemp extract] "may only be sold to a business in this state if that business is properly permitted as required by this section." (7)(d) [Products containing hemp extract intended for ingestion or inhalation] "may not be sold in this state to a person who is under 21 years of age." (12)(a) [testing] "post-decarboxylation or other similarly reliable methods." [Bracketed spans summarized.]
Fla. Stat. Sec. 500.03(1)(n) & (4) · Food Products - Definitions; construction; applicability (hemp extract as 'food'; time/temperature control)OFFICIAL
Instrument
Food Products - Definitions; construction; applicability (hemp extract as 'food'; time/temperature control)
Source
https://www.flsenate.gov/laws/statutes/2025/500.03
Retrieved
2026-07-02
Fingerprint
283e6354684326ae
500.03 Definitions; construction; applicability.-

(1) For the purpose of this chapter, the term:

(n) "Food" includes:

1. Articles used for food or drink for human consumption;

2. Chewing gum;

3. Articles used for components of any such article;

4. Articles for which health claims are made, which claims are approved by the Secretary of the United States Department of Health and Human Services and which claims are made in accordance with s. 343(r) of the federal act, and which are not considered drugs solely because their labels or labeling contain health claims;

5. Dietary supplements as defined in 21 U.S.C. s. 321(ff)(1) and (2); and

6. Hemp extract as defined in s. 581.217.

The term includes any raw, cooked, or processed edible substance; ice; any beverage; or any ingredient used, intended for use, or sold for human consumption.

(4) For the purposes of this chapter, hemp extract is considered a food that requires time and temperature control for the safety and integrity of the product.
Fla. Stat. Sec. 581.217(1)-(3) · State hemp program - Creation, Legislative findings, and Definitions (hemp; hemp extract; synthetic CBD carve-out)OFFICIAL
Instrument
State hemp program - Creation, Legislative findings, and Definitions (hemp; hemp extract; synthetic CBD carve-out)
Source
https://www.flsenate.gov/laws/statutes/2025/581.217
Retrieved
2026-07-02
Fingerprint
4b167cd4056ad38c
581.217 State hemp program.-

(1) CREATION AND PURPOSE.-The state hemp program is created within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. s. 1639p.

(2) LEGISLATIVE FINDINGS.-The Legislature finds that:

(a) Hemp is an agricultural commodity.

(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants if they are in compliance with this section.

(3) DEFINITIONS.-As used in this section, the term:

(a) "Attractive to children" means manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children; or containing any color additives.

(b) "Certifying agency" has the same meaning as in s. 578.011(8).

(c) "Contaminants unsafe for human consumption" includes, but is not limited to, any microbe, fungus, yeast, mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in any amount that exceeds any of the accepted limitations as determined by rules adopted by the Department of Health in accordance with s. 381.986, or other limitation pursuant to the laws of this state, whichever amount is less.

(d) "Cultivate" means planting, watering, growing, or harvesting hemp.

(e) "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, with the exception of hemp extract, which may not exceed 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight basis.

(f) "Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances. The term does not include synthetic cannabidiol or seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration.

(g) "Independent testing laboratory" means a laboratory that:

1. Does not have a direct or indirect interest in the entity whose product is being tested;

2. Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells hemp or hemp extract in the state or in another jurisdiction or cultivates, processes, distributes, dispenses, or sells marijuana, as defined in s. 381.986; and

3. Is accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.
Fla. Stat. Sec. 581.217(3)(e)-(f), (7) · State hemp program -- definitions of hemp/hemp extract; distribution and retail sale of hemp extractOFFICIAL
Instrument
State hemp program -- definitions of hemp/hemp extract; distribution and retail sale of hemp extract
Source
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0581/Sections/0581.217.html
Retrieved
2026-07-19
Fingerprint
6091966a00665b1a
(e) "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, with the exception of hemp extract, which may not exceed 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight basis. (f) "Hemp extract" means a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances. The term does not include synthetic cannabidiol or seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration. (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.-- (a) Hemp extract may only be distributed and sold in the state if the product: 1. Has a certificate of analysis prepared by an independent testing laboratory that states: a. The hemp extract is the product of a batch tested by the independent testing laboratory; b. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch; c. The batch does not contain contaminants unsafe for human consumption; and d. The batch was processed in a facility that holds a current and valid permit issued by a human health or food safety regulatory entity with authority over the facility, and that facility meets the human health or food safety sanitization requirements of the regulatory entity. Such compliance must be documented by a report from the regulatory entity confirming that the facility meets such requirements. 2. Is distributed or sold in a container that includes: a. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory; b. The batch number; c. The Internet address of a website where batch information may be obtained; d. The expiration date; and e. The number of milligrams of each marketed cannabinoid per serving. (d) Products that are intended for human ingestion or inhalation and that contain hemp extract, including, but not limited to, snuff, chewing gum, and other smokeless products, may not be sold in this state to a person who is under 21 years of age.
Fla. Stat. Sec. 581.217(7) · State hemp program - Distribution and retail sale of hemp extract (COA, per-serving mg disclosure, packaging, age 21, inhalation)OFFICIAL
Instrument
State hemp program - Distribution and retail sale of hemp extract (COA, per-serving mg disclosure, packaging, age 21, inhalation)
Source
https://www.flsenate.gov/laws/statutes/2025/581.217
Retrieved
2026-07-02
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(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.-

(a) Hemp extract may only be distributed and sold in the state if the product:

1. Has a certificate of analysis prepared by an independent testing laboratory that states:

a. The hemp extract is the product of a batch tested by the independent testing laboratory;

b. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent pursuant to the testing of a random sample of the batch;

c. The batch does not contain contaminants unsafe for human consumption; and

d. The batch was processed in a facility that holds a current and valid permit issued by a human health or food safety regulatory entity with authority over the facility, and that facility meets the human health or food safety sanitization requirements of the regulatory entity. Such compliance must be documented by a report from the regulatory entity confirming that the facility meets such requirements.

2. Is distributed or sold in a container that includes:

a. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory;

b. The batch number;

c. The Internet address of a website where batch information may be obtained;

d. The expiration date; and

e. The number of milligrams of each marketed cannabinoid per serving.

3. Is distributed or sold in a container that:

a. Is suitable to contain products for human consumption;

b. Is composed of materials designed to minimize exposure to light;

c. Mitigates exposure to high temperatures;

d. Is not attractive to children; and

e. Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without regard to provided exemptions.

(b) Hemp extract may only be sold to a business in this state if that business is properly permitted as required by this section.

(c) Hemp extract distributed or sold in this state is subject to the applicable requirements of chapter 500, chapter 502, or chapter 580.

(d) Products that are intended for human ingestion or inhalation and that contain hemp extract, including, but not limited to, snuff, chewing gum, and other smokeless products, may not be sold in this state to a person who is under 21 years of age. A person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent violation of this paragraph within 1 year after the initial violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(e) Hemp extract distributed or sold in violation of this subsection is subject to s. 500.172 and penalties as provided in s. 500.121. Hemp extract products found to be mislabeled or attractive to children are subject to an immediate stop-sale order.

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Florida? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/florida/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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