Is Delta-9 Legal in Florida?

If you have searched for marijuana products in Florida, you probably know that they are illegal without a medical marijuana card. But is THC legal in Florida?

Let’s just say there’s more to the story than you might think—especially when it comes to where the THC is sourced from.

So if you’re curious about Delta-9 THC and how it plays into Florida’s cannabis scene, read on to find out how you can enjoy the benefits and get high legally in the Sunshine State.

What is Delta-9 THC?

Delta-9 tetrahydrocannabinol (THC) is a natural cannabinoid found in cannabis that gives us the psychoactive high that we all associate with marijuana.

Both hemp and marijuana are essentially part of the same family of cannabis plants, the only difference being how the US government designates them based on THC content. Hemp-derived Delta-9 THC is chemically identical to marijuana, offering the same effects, with the only difference being its legal status. For example, Delta-9 THC in Florida has specific regulations depending on its source, leading many to ask, “Is Delta-9 legal in Florida?”

• Hemp is cannabis that contains less than 0.3% THC by dry weight
• Marijuana is cannabis with 0.3% or more THC by dry weight

When consumed by smoking, eating, or drinking, THC binds to endocannabinoid receptors in the brain and nervous system to produce potent psychoactive (high) effects, valued for both medical and recreational use.

Federal Legal Status of Delta-9 THC

If THC derived from hemp is chemically identical to THC in marijuana, how is Delta 9 legal?

Thanks to the Agriculture Improvement Act of 2018—otherwise known as the “Farm Bill”—hemp was removed from the CSA (Controlled Substances Act) definition of marijuana. That means that hemp-based products, including THC beverages and seltzers, can be legally sold in all US states at a federal level. However, it's worth noting that while Florida delta 9 laws may align with the federal ruling, state-level regulations may vary elsewhere.

It is important to note that some states have implemented specific regulations around the legal sale of hemp-derived items so it is still worth checking if you’re unsure. These state-level regulations are designed to restrict the THC dose of a product like Connecticut’s 5mg and Minnesota’s 10mg per can limit.

Florida’s Medical Marijuana Law

As of 2024, only 25 US states and territories have legalized the sale of Marijuana. If you want to see the full list then read our previous article about the legal status of Delta-9 THC. However, according to federal law, marijuana is legal for medical use in the United States.

The Compassionate Use Act in 2014 legalized the medical marijuana registry in Florida and a 2016 amendment enabled qualified residents to get access to full-strength weed. The eligibility list includes those suffering from cancer and conditions that cause seizures or severe persistent muscle spasms.

Click the link to read the full Florida medical marijuana statute¹.

Patients must first visit a qualified physician who will determine whether they suffer from one of the qualifying medical conditions:

• Cancer
• Epilepsy
• Glaucoma
• Positive status for human immunodeficiency virus.
• Acquired immune deficiency syndrome
• Posttraumatic stress disorder
• Amyotrophic lateral sclerosis
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis
• Medical conditions of the same kind or class as or comparable to those [above]
• A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification by Florida medical marijuana law
• Chronic nonmalignant pain

The physician will then issue a certification that can be used to apply for a medical marijuana patient card with the Office of Medical Marijuana Use (OMMU ²). This office is part of the Florida Department of Health who regulate the program. Patient cards are required to purchase from a medical marijuana treatment center (MMTC) dispensary.

Is Delta 9 THC Legal in Florida?

The main difference between marijuana and THC derived from hemp is that Delta-9 specifically is a compound derived from federally legal hemp.

The passing of the Farm Bill changed the landscape of how anybody over the age of 18 can obtain THC hemp products. The Florida Senate Bill 1020³ conformed with the change in legislation making hemp-derived delta-9 and delta-8 legal in Florida within the percentage limits stated in the Farm Bill.

For consumers, the distinction between hemp and marijuana changes how we consume it to get high. Marijuana is typically smoked or used in edibles because of its naturally high quantity of THC. Hemp, with lower THC, needs to go through a process of extraction to isolate its cannabinoids which are then added to products like edibles or THC-infused drinks.

This means that people can choose from a variety of product strengths because of how hemp-derived THC is processed. At Drink Delta we have two product ranges. Delta Light which contains a lower dose of 5mg per can, and Delta Cannabis Water which has a higher 20mg dose of THC.

While there are concerns that the Mary Miller amendment ⁴ to the Farm Bill could mean the end of hemp-derived THC for consumers, for now at least Floridians can enjoy sipping on a can of THC seltzer.

Can You Buy Delta 9 in Florida?

If you are over 18, it is legal to purchase and consume hemp-derived THC products in the Sunshine State. We suggest that if you are new to cannabis products, start with a lower dose around 5mg. You might want to get clued up first on how to dose cannabis water.

You’ll also be happy to hear that Drink Delta products are available in the Sunshine State! You can go to one of our many stockists to purchase in person. Check out our store locator to find out where to buy delta-9 in Florida or order from our online store and have it shipped directly to your door.