The legality of CBD in the USA is a confusion ball of a grey area at this point. While many believe that the 2018 Farm Bill legalised CBD throughout the USA, this is not, in fact, the truth. So, let’s try and get into the nitty-gritty of the legal business here, and answer the question is CBD legal in Florida?
We will touch a bit on federal law here, but it’s all pretty confusing, and the most important part for those living in Florida who are curious about CBD revolves around state law, so we’ll spend most of our time on that.
The Farm Bill
So, you may or may not be aware that in 2018, President Trump signed the Farm Bill, which saw many changes made, including hemp-derived products being taken off the Schedule I controlled substances list.
However, CBD was not included in this list and remains a Schedule I substance, kind of. There are exemptions made to a certain degree for CBD products that are produced in a manner consistent with regulations, but even these are not readily available countrywide, despite what some may assume.
That’s the quick way to explain what happened with the Farm Bill, if you want a quicker one, CBD isn’t completely legal, but it’s probably closer than it was before.
CBD Law in Florida
Buying and selling CBD in Florida both is and isn’t legal, depending on who you ask. Basically there are two schools of thought on the subject.
One side says that federal law states that CBD is basically legal country-wide, the other says that Florida Legislature still considers CBD to be illegal.
The Agriculture Commissioner Nikki Fried (hell of a surname) is pushing for legislation that would bring state and federal law in line, although what that means is still in question.
This is mainly because the statements Fried made relate to both hemp and CBD, and federal law is technically different on the two.
On the other side, however, the Florida Department of Agriculture had been very clear about the issue, they consider it illegal to sell both hemp and CBD in the state.
Will I Get Arrested for Buying CBD in Florida?
While the state still considers CBD illegal (at least, that’s the general consensus, we’re really not sure, it’s hella confusing) the police are taking a very hands-off approach.
The few occasions when the police have moved to make arrests, they have cracked down on retailers selling CBD, as opposed to those consuming it.
But as the law is hazy, the best answer we can give is you probably won’t get arrested, but it’s not worth the risk.
Medical Marijuana Laws
Here comes another rice ball of confusion to add to the already complicated legal soup, medical marijuana is now legal in Florida.
These means that high-level THC is obtainable for those who have a qualifying medical condition and a medical marijuana card (MMJ card) (the latter can be obtained by anybody with the former).
Can I Get CBD with a Medical Marijuana Card?
Here’s the first time we can give a straight answer to a question in this whole article. Yes, if you have a medical marijuana card, you can buy legal CBD.
Whether you can buy without an MMJ card is substantially more questionable, you will find some sites that say you definitely can, while others will say the opposite.
Basically it’s a grey zone, as shown by the Physicians Preferred company, which had a tent at the Miami-Jackson Memorial Hospital farmer’s market, which was suddenly shut down without explanation after being allowed to operate in plain sight for a long time before that.
All signs currently point to CBD being legalised in the near future. Nikki Fried is openly pro-marijuana products, and has made statements saying that a program will be developed to regulate CBD, and legalise its sale throughout Florida.
These regulations would mean companies could not make unsubstantiated claims about the possible health benefits of CBD.
This is because, although much scientific research is being carried out, and a large percentage of that has seen positive results, there is still work to be done before CBD can be officially recognised as a medical product.
The one exception to this rule is with epilepsy, where a single FDA approved CBD-based medication, Epidiolex.
So, the chances are, the legislations round CBD in Florida will become clearer in the near future, but until then, the best we have are maybes. Buying CBD shouldn’t get you in trouble, but it might.
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The products we sell do not have proven health benefits. While research is being carried out, these products are not, and should not, be considered to be medical products.
Any information we give in these articles is taken from scientific research, but should not be considered as a statement of fact. Links and information included in these articles do not reflect the opinion of Plant & Hemp. Any link to scientific studies is for information only, and not intended as a proof of any specific fact, or to validate any specific opinion.
We are simply bringing you the information needed to make an informed decision on what you want to use CBD for, and what you are comfortable using our products for.