Is Delta-8 legal in Florida?
Based on the Farm Bill and Florida’s local rules, hemp-derived Delta-8 THC is legal in the sunshine state of Florida, a leading state for the production and testing of Delta-8 products. Keep reading for more info. Click here to order the finest Delta-8 products online!
What is Delta-8?
Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system.
The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1].
Delta-8 is a popular THC product used for therapeutic and personal needs. In most places, including Florida, legislators understand its benefits and are onboard with Delta-8.
What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?
Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.
An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.
The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels.
Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?
What does “hemp-derived” mean?
Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.
Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.
What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?
The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, which occurs naturally in the cannabis plant.
In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.
The Bill defines hemp as:
Hemp.–The term `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, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.
How do you buy high quality Delta-8?
The best way to buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.
The processing standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.
For best reliability, producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.
Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including all strains of our premium Delta-8 Vape Cartridges
Where is Delta-8 THC legal?
Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.
The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn more read Is Delta-8 THC Legal in Your State?
Where to buy Delta-8 in Florida
Delta-8 is widely available from stores in Florida like Dank Orlando, Smokin Pipes, and Party Shack. Remember you can always use the convenience and privacy of Earthy Select’s direct mail order service too! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.
Delta-8 and the law in Florida
Hemp-derived Delta-8 THC is legal in Florida based on the Farm Bill and Florida’s local rules. In 2018, Florida passed Senate Bill 1020 which removed hemp and hemp derivatives from its Schedule of Controlled Substances in its Drug Abuse Prevention and Control Act.
Following this, the state issued Hemp and CBD Information (Florida) for Law Enforcement which specifies that hemp and hemp-derived products are legal.
The Florida Department of Agriculture and Consumer Services issued an undated message about Delta-8 that makes it clear that hemp-derived products which follow Florida’s hemp guidelines are legal. Although still not federally legal, Florida state legislation passed a medical marijuana bill in 2017 making medical marijuana available for those who qualify. Medical cannabis is available for those with qualifying conditions.
Stay tuned for updates. There is a 2022 proposed bill in Florida (HB 679) which would change how hemp products are regulated and sold. This would include making them available only to those over the age of 21 and additional regulations [2]. If passed, the bill should bring more clarity to the Delta-8 situation in Florida and will address regulatory and equity improvements to the state’s medical marijuana program.
Florida hosts major manufacturers of Delta-8 distillate and Delta-8 finished goods like gummies, vape pens, treated flower, and more. It is a leading state for both production and testing of hemp-derived cannabis and cannabis products, so Delta-8 is firmly entrenched in Florida. This goes for hemp derived cannabidiol as well as hemp extract and other hemp oil.
Final thoughts on Delta-8 in Florida
Floridians are thankfully free to enjoy Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!
Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.
References
Frequently Asked Questions
What’s the difference between Delta-8, Delta-9, and Delta-10?
Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.
In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.
How is Delta-8 legal?
THC comes from the cannabis plant. For many years in the United States, cannabis was illegal whether or not it contained THC. In the last decade Congress enacted two groundbreaking pieces of legislation, known as the 2014 Farm Bill and 2018 Farm Bills. This legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. It also states that derivatives of hemp (cannabinoids, extracts, isomers) are also federally-compliant. The THC isomers in our products are made exclusively from organically-grown, federally-compliant hemp.
Even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products. You should check your state and local rules before ordering.
Is it legal to send Delta-8 in the mail?
Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.
Does Delta-8 get you high?
Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.
How do I take Delta-8?
Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ).
