Is CBD Legal in Florida? A Guide to Understanding the State’s Hemp Laws

As a pharmacologist with over 15 years of experience in the wellness and CBD space, I’ve seen how hemp-derived CBD has blossomed into a wellness staple for many people.

Over the years, I’ve been approached with all kinds of questions, but one of the most common ones I hear is: “Is CBD legal in Florida?”

It’s a question that often gets asked by curious consumers or people looking to travel to the state and wondering if their favorite CBD oil is allowed. So, let’s break it down and answer this question once and for all!

So, Is CBD Legal in Florida?

To start, CBD products are legal in Florida as long as they meet certain conditions. Yes, you read that right—CBD is indeed legal in Florida, but here’s the twist: it needs to come from hemp, not marijuana.

In 2019, Florida launched its own State Hemp Program under Senate Bill 1020, which mirrored the 2018 Farm Bill’s federal regulations on hemp-derived CBD. 

That means if the CBD comes from hemp and contains less than 0.3% THC by dry weight, it’s good to go! But there’s more—let’s dig into the specifics that come with this legal status.

How Much THC Can CBD Products Have in Florida?

So, what’s this 0.3% THC business? This limit has been a standard since the passing of the 2018 Farm Bill.

Essentially, to legally sell or possess CBD in Florida, the product must contain no more than 0.3% THC (the psychoactive compound in cannabis).

Now, if you’re thinking about the effects of THC, here’s an important distinction: CBD itself doesn’t cause the “high” associated with marijuana—THC does.

As long as the THC level in the CBD is kept low, the product should be non-intoxicating. But wait, the laws aren’t set in stone. Florida is about to tighten these rules further. 

Starting October 1, 2025, a new law will limit the allowable THC content even more and ban certain intoxicating hemp-derived cannabinoids like delta-8 THC. 

So, while you may be able to buy some products now, it’s important to stay informed about any changes that could affect your favorite CBD products.

What’s the Deal with CBD From Marijuana vs. Hemp?

A big question that often pops up is: Is marijuana-derived CBD legal in Florida? The short answer is no—not unless you have a medical marijuana card.

Here’s the catch: CBD from hemp and CBD from marijuana are treated very differently under the law. 

Hemp is defined as cannabis containing less than 0.3% THC, and CBD derived from hemp is completely legal. 

CBD from marijuana, however, contains higher levels of THC, and in Florida, it’s only available to patients with a medical marijuana card.

This is important to note because many consumers mistakenly think they can freely buy CBD with higher THC content (like marijuana-derived CBD) without the card. That’s simply not the case. 

So, if you’re hoping to buy CBD products with THC content above 0.3%, you’ll need to register for the state’s medical marijuana program.

Can You Bring CBD on a Plane to Florida?

Yes, you can bring CBD on a plane to Florida—but there are some guidelines to keep in mind. The key factor is that your CBD must meet the federal guidelines for legal hemp-derived products. That means it must contain no more than 0.3% THC.

When traveling, it’s best to keep the CBD products in their original packaging with clear labeling, and always carry a copy of the third-party lab results, just in case you are asked for verification. 

Since CBD is legal on the federal level when it adheres to these guidelines, it is allowed in checked luggage or carry-on bags. 

However, airlines can have their own policies, so it’s always a good idea to check with them directly before traveling.

Can CBD Fail a Drug Test?

A common question many people ask is, “Can CBD fail a drug test?” In most cases, CBD itself should not cause a failed drug test, as it does not contain THC in significant amounts. 

However, if the CBD product contains higher-than-allowed THC levels, or if it’s marijuana-derived CBD, there could be trace amounts of THC in your system that could trigger a positive result.

The key takeaway here is: always choose reputable CBD products from trusted sources that provide third-party testing to verify THC levels. 

This is especially important if you know you’ll be taking a drug test for employment, sports, or other reasons. Stick to broad-spectrum or CBD isolate products, which are less likely to contain any THC.

When Did CBD Become Legal in Florida?

Florida’s journey with CBD began with the 2018 Farm Bill, which legalized hemp-derived CBD on the federal level. 

In 2019, Florida passed Senate Bill 1020, which implemented the state’s hemp program, aligning state law with federal regulations. This made CBD legal in Florida, as long as it adhered to the 0.3% THC limit.

The state’s hemp program ensures that CBD products are safely sourced, properly labeled, and tested for THC content. 

The next wave of regulatory changes in 2025 will bring even stricter rules, but for now, CBD is widely accessible to consumers who meet the legal guidelines.

Can I Buy CBD Products in Florida?

Absolutely! As long as they meet the aforementioned guidelines, CBD products are available to purchase at a variety of places across Florida, from health food stores and pharmacies to online retailers. 

However, buyers should be careful—Florida regulations ensure that sellers are licensed, and that products are labeled properly to ensure safety and transparency. 

So, whether you’re looking for tinctures, oils, edibles, or topicals, you can find them legally across the state.

But here’s a piece of advice: Always double-check that the products are sourced from reputable companies. 

Look for companies that provide third-party lab results to verify the THC and CBD content. This can save you a lot of hassle and ensure you’re getting what you pay for.

Is Medical Marijuana Legal in Florida?

Yes, but with a caveat. Florida has legalized medical marijuana, but only for patients who have a Florida-issued medical marijuana card. 

So, if you’re an out-of-state resident and plan on visiting, you won’t be able to use your medical marijuana card from your home state. 

Florida does not recognize out-of-state medical marijuana cards—you’ll need to go through the state’s process to qualify.

It’s also important to note that recreational marijuana remains illegal in Florida, meaning you cannot legally buy marijuana for recreational use. So, stick to hemp-derived CBD if you’re in Florida and looking for a wellness boost.

Legal status of CBD across various states in the U.S.

CBD FAQs in Florida

Q: Can I travel with CBD in Florida?

Yes! You can legally transport CBD products within Florida as long as they meet the legal requirements (hemp-derived and less than 0.3% THC). Just ensure the product has clear labeling and comes from a licensed producer.

Q: Can I buy CBD at dispensaries in Florida?

Yes, but only CBD products that contain less than 0.3% THC. For marijuana-derived CBD, you must have a medical marijuana card. You’ll find dispensaries selling both hemp-derived CBD and medical marijuana products across the state.

Q: Will the new laws affect the price of CBD in Florida?

The introduction of stricter THC limits and the ban on certain cannabinoids might result in price changes, especially for products containing delta-8 THC. However, hemp-derived CBD prices are likely to remain relatively stable.

So, What’s the Final Verdict?

CBD is legal in Florida as long as it comes from hemp and contains less than 0.3% THC. With new rules set to take effect in 2025, staying informed is key to enjoying your CBD products without any surprises. 

Whether you’re a local resident or just visiting, Florida’s CBD scene offers a range of products for wellness, as long as you’re mindful of the laws.

Tip from Dr. Tran: When looking for high-quality CBD products, always make sure to check the lab results.

Transparency is key in the CBD market, and any trustworthy brand will be happy to provide third-party testing for their products. Stay informed, stay safe, and most importantly—stay well!