Is THCa Legal in Florida? (2026)

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

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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.]

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

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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.

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

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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.

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

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(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.

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.