The laws regarding the possession of THC in the state of Florida are somewhat complex, just as they are in the rest of the USA.
One of the things that you might be curious about is whether or not D9 THC, and D9 gummies, are legal in the state of Florida.
The issue here is of course that the federal government has its own set of laws, with individual states then also having the right to set their own laws. So, is Delta-9 THC legal in Florida?
Key Takeaways
- Delta-9 THC is legal in Florida if it is hemp derived and present in concentrations under 0.3%
- Delta-9 THC is technically a controlled substance in Florida, if it is not hemp derived and present in concentrations over 0.3%.
Delta-9-THC and Federal Law
Before we can answer your question of is Delta-9 legal in Florida, we first need to talk about the rules surrounding THC in the United States as a whole. In 2018, the USA passed what is known as the 2018 Farm Bill. This bill is in regard to marijuana and hemp. Here, the law states that THC is technically illegal on a federal level.
However, due to some oversights and general vagueness, this only refers to Delta-9 THC, but not other forms of THC.
Although, that point is somewhat irrelevant for today's purposes. According to that 2018 Farm Bill, any cannabinoids derived from a hemp plant, such as CBD, which contains less than 0.3% Delta-9 THC, is legal on a federal level. So, if the THC comes from a hemp plant, and is less than 0.3% (Delta-9), then it should be legal.
Florida Delta-9-THC Laws
Now we know that the Delta-9 laws are on a federal level, but is Delta-9 legal in Florida? The answer here is both yes and no. If we are talking about Delta-9 THC that is derived from a marijuana plant, particularly if the concentration in dry weight is over 0.3%, then no, it is not legal in the state of Florida.
However, the state of Florida does also adhere to that 2018 Farm Bill, with its laws matching the ones as set out in this bill.
In other words, in the state of Florida, Delta-9 THC is legal so long as the concentration in dry weight is less than 0.3%, and as long as it is derived from the hemp plant. However, if that Delta-9 THC comes from a marijuana plant, particularly if the dry weight concentration is over 0.3%, then it is considered illegal.
There is also a law that states that people who qualify for medical marijuana usage, are allowed to possess Delta-9 THC in dry weight concentrations of up to 0.8%. However, for those of you who don't know, 0.8% is still almost nothing, barely enough to make you feel anything at all.
Is Delta-9 a Controlled Substance in Florida?
If we are talking about Delta-9 THC that is derived from the hemp plant, and is present in dry weight concentrations under 0.3%, then no, it is not a controlled substance. However, if the Delta-9 THC is derived from the marijuana plant, and if the concentration in dry weight is over 0.3%, then it is considered a controlled substance.
Delta-9-THC Possession Limits in Florida
If you are found with illegal amounts of Delta-9 THC in the state of Florida, you may say legal penalties.
If you have 20 grams or less of Delta-9 THC that is derived from a marijuana plant, it is considered a misdemeanor, and is punishable with a maximum fine of $1,000 and a maximum prison sentence of one year.
If you are found in possession of 20 grams of cannabis or more, you can be fined up to $5,000 and serve up to five years in prison.
If you are in possession of anywhere from 25 to 2000 pounds of cannabis, this is considered a felony that will be punished with a mandatory minimum sentence of three years, with a maximum fine of $25,000, and a maximum prison term of 15 years.
If you are found in possession of over 2000 pounds of cannabis, this is considered a felony and is punishable with a mandatory minimum sentence of seven years, as well as a maximum fine of $50,000 and a maximum prison sentence of 30 years.
If you are in possession of more than 10,000 pounds of cannabis in the state of Florida, you will serve a mandatory minimum of 15 years in prison, along with a maximum sentence of 30 years, and a maximum fine of $2,000.
Is Delta-9-THC Legal in Florida?
If the D9 THC is hemp derived and present in dry weight concentrations under 0.3%, then yes, it is legal in the state of Florida.