The Comprehensive Guide to: Is CBD Legal in Florida?

Is CBD Legal in Florida?

Just a couple of years back, the majority of Floridians were apprehensive of the term CBD. It was thought to be another name for marijuana and the only thing you could possibly do with marijuana was to ‘abuse’ it in order to get high. It was because of this common perception about CBD that marijuana and hemp cultivation were banned throughout the United States.

However, this perception has changed significantly in the past couple of years as some initial scientific research unveils the potentially high medicinal value of CBD. Moreover, as the masses came to know that CBD alone, on its own, is not a psychoactive substance, things have changed a lot.

Especially after the FDA approved the use of CBD for treating two rare forms of epilepsy in kids, the public has become more curious about what benefits this compound holds for human health. Not just the general public, the lawmakers were also forced to change the way they treated CBD. This is why we saw an unprecedented change in the laws regarding CBD at the federal level and at the level of individual states.

But before you explore Florida cannabis law, why not have a clear understanding of why it is suddenly seen everywhere in Florida? And should you consider joining the CBD tribe?

What’s All That Buzz about CBD?

A sudden surge in the CBD market has made it more of a lifestyle than a bunch of products in various forms. It has become a way of living in no time. You can vape CBD, massage it on your skin, take it as gummies, mix it in your favorite shakes, coffee, or juices, use it as soaps and shampoos, cook in CBD oil or even eat it as cereals.

By now, I assume, you must have seen a spa advertising the healing ‘CBD massage’. Or you must have visited a café with an addition in its menu offering CBD coffee. Or at least you must have come across a brick-and-mortar store emerging as a specialized CBD store selling CBD dietary supplements or CBD oil.

You must have wondered what is it that has made this compound suddenly so popular? Let us get into the details of how it can be beneficial for the human body.

What are the Benefits of CBD?

First off, you must know that the benefits being associated with the use of CBD-based products are being researched at the moment and are not certain. Though, the initial results do look promising. The CBD may (or may not) help in treating a number of health conditions. It is being used to treat insomnia and improve the quality of sleep without creating addiction.

Besides, CBD-based supplements are thought to prevent and treat neurodegenerative diseases like Alzheimer’s. The antioxidant properties of CBD make it a popular choice for skincare. It is used as an anti-aging skincare component. Besides, CBD-based analgesics, creams, lotions, etc. are being used for treating psoriasis, acne, eczema, and a number of other skin problems.

CBD is an anti-inflammatory agent and that is why, it is used for treating and relieving the pain of joints, especially that caused by arthritis and similar degenerative disorders.  

Is CBD Oil the Same as the Hemp Seed Oil?

Before you explore the laws regarding CBD in Florida, to find out is CBD oil legal in Florida, it is important to remove one common misconception. It is commonly believed that hemp seed oil and CBD oil are the same.

While both CBD oil and hemp seed oil might be coming from the same plant but they are extracted from the different parts of the same plant and are very different from each other. The hemp oil or hemp seed oil is extracted from the seeds of the hemp plant. The seeds do not contain CBD and hence it is totally wrong to call it the same as CBD oil. Whereas CBD oil is extracted from the flowers, leaves, and stalks of the hemp plant. While both are different, each one of them has its own set of benefits.

Now comes the question is hemp oil legal in Florida? Yes, it is legal because it does not contain the prohibited THC. To know specifically about the CBD oil Florida laws, read on.

Is CBD Legal in Florida?

The CBD Florida laws have been evolving rapidly since the enactment of the Farm Bill 2018. To understand the evolution of these laws at the state’s level you should first have a basic knowledge of how the laws evolved at the federal level.

The Legal Status of CBD in the US at Federal Level

In the year 2019, some significant changes were brought in the legal status of CBD in federal law. The two noteworthy developments in this regard were

• The cultivation of hemp and the sale of its derivatives including the hemp seed oil and CBD was declared legal according to federal law. Marijuana is still illegal and so is the CBD derived from marijuana.
• According to the definition provided in the Farm Bill, when the cannabis plant contains THC above 0.3% it will be considered marijuana. Whereas, when the THC is 0.3% or lower, it is hemp and its derivatives can be traded.

The Legal Status of CBD in Florida

Since the bill was passed, the states on the individual level have been taking a different stance on the legality of CBD. Some have legalized it completely while others have a partial or conditional legal status in place. Still, others have totally banned CBD from both hemp and marijuana.

But is CBD oil legal in Florida? And is hemp oil legal in Florida? When it comes to the legal status of CBD, Florida has a policy very much in line with the federal laws. Some of the key developments in Florida cannabis law so far are as under;

Florida, the Pioneering State to Legalize Medical Marijuana-SB 1030

Florida is among those states which had legalized medical marijuana long before the enactment of the Farm Bill 2018. In 2014, SB 1030 legalized the use of CBD oil for registered patients. The state allowed CBD oil with 10% CBD and up to 0.8% THC content.

Second Amendment

In an amendment made in CBD Florida laws in 2016, the legality of medical marijuana was further expanded. However, regarding the CBD vape oil, Florida still had a ban in place.

SB 182

In March 2019, SB 182 was passed which made marijuana and hemp legal in Florida for registered patients. It legalized the cannabis extracts with high levels of CBD and THC. Besides, the CBD Florida laws now also legalized vape-able marijuana. i.e. for CBD vape oil, Florida now lifted the ban.

SB 1020

Besides the medical marijuana for the registered patients, the SB 1020 in July 2019 also legalized hemp and its extracts for the general public. The lawmakers brought the state’s policy in line with the federal policy. The hemp was defined as a cannabis plant with not more than 0.3% THC and its cultivation was now made legal across the state for commercial purposes. Similarly, the sale of its derivatives was also made legal. Hence, it made hemp oil and CBD legal as long as they were extracted from the legal hemp plants.

• However, the hemp growers were required to get a license from the state.
• The law does not explicitly mention any age requirement for the patients or general public to hold CBD or other hemp extracts. So, even the minors can use CBD.

The Labeling of CBD Products-How to Check the Authenticity

However, if you’ve decided to embark upon the CBD regimen in any form, keep one thing in mind. The CBD products are not regulated by FDA or any other regulatory authority. This means the labeling of these products may or may not be true. What does this mean? Above all it means, the product may not contain the labeled amount of ingredients. It may not even truly be showing the actual ingredients.

Then how can you ensure that you are getting what you actually want? The best way to make a secure purchase is by looking at the Certificate of Analysis. Simply put, it is a verification document that the product has been tested at a laboratory and it does contain the said contents in the mentioned concentration.

Hence, if you are to make a learned purchase, only go for those CBD products which have an accompanying COA. Moreover, buying CBD at a dispensary or specialized CBD store is better than buying it at a superstore. This is because the pharmacies usually have a strict verification benchmark.

CBD and the Drug Tests

Above all, you should know about the possible results of a drug test after you’ve used CBD products although, 0.3% THC cannot create a high, it can still give a positive drug test result. So, if you have a drug test scheduled in the future, it is recommended that you avoid using CBD in any form. This will help you stay on the safer side. Or else, you can go for the products containing CBD isolate. This means that the product has been purified to contain zero traces of THC. it contains nothing but CBD. All the other cannabinoids and terpenes have been removed.

However, most people go for the combination of CBD and THC for the benefits of the entourage effect. This means that the CBD combined with some THC and other terpenes gives more beneficial results.

In a Nutshell

References

https://www.dea.gov/drug-information/csa

https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019

https://www.flsenate.gov/Session/Bill/2014/1030

https://ballotpedia.org/Florida_Medical_Marijuana_Legalization,_Amendment_2_(2016)

https://flsenate.gov/Session/Bill/2019/182/BillText/Filed/HTML

https://legiscan.com/FL/text/S1020/id/2011134