Florida hemp, THCA and delta-8 laws

The law in Florida

Florida's state hemp program is section 581.217 of the Florida Statutes, enforced by the Department of Agriculture and Consumer Services. Hemp may hold no more than 0.3 percent total delta-9 THC on a dry weight basis. Hemp extract, a substance for eating or inhaling that contains more than trace amounts of a cannabinoid, is measured differently: no more than 0.3 percent total delta-9 THC on a wet weight basis.

Products that contain hemp extract and are eaten or inhaled may not be sold to anyone under 21. A sale to someone under 21 is a second degree misdemeanor.

Each batch needs a certificate of analysis from an independent lab accredited to ISO 17025. The container must carry a QR code or barcode that links to it, plus the batch number, a website, an expiration date and the milligrams per serving.

Packaging and stores

The law requires child-resistant packaging and bars packaging that is attractive to children, including shapes of humans, cartoons or animals and added colors. FDACS rule 5K-4.034, in force since November 2, 2025, adds detail:

• Permits. A hemp food establishment permit costs $650 a year.
• No self-service. No vending machines or self-service displays.
• A sign at the counter. Stores must post that sales to anyone under 21 are prohibited.
• Shipping. The seller must confirm the buyer's age before mailing or shipping.

The rule's definition of human consumption covers products that are eaten or inhaled and leaves out topical applications.

Bills that did not become law

In 2024 the Legislature passed SB 1698. It would have capped hemp extract at 5 mg per serving and 50 mg per container, and excluded delta-8, delta-10, HHC, THC-O, THCP, THCV and synthetic cannabinoids. The governor vetoed it on June 7, 2024, citing "debilitating regulatory burdens on small businesses."

In 2025, SB 438 passed the Senate 37 to 0 and died in the House. In 2026, SB 1270 died in the Senate Agriculture Committee. As of November 5, 2026, section 581.217 was last amended in 2023.

Medical marijuana is separate

Florida's medical marijuana program, section 381.986, is a different system: patients with a physician's certification buy from licensed medical marijuana centers. Hemp products are sold under section 581.217 instead.

The federal change on December 11

Florida law and federal law apply side by side. From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.

Products with no THC fall outside both: broad spectrum and isolate CBD, THC-free topicals and functional mushrooms.