Is CBD Legal in Florida? State Hemp Rules in 2026
Florida allows hemp extract with lab testing, a QR code on the label and a 21+ age limit. Here is what state law says as of November 2, 2026.
Last checked: Based on official sourcesNot legal advice.
What's on this page?
In short
As of November 2, 2026, Florida law allows hemp extract, including CBD, if it comes from hemp with no more than 0.3% total delta-9 THC (dry weight; hemp extract is measured on a wet-weight basis). Each batch needs an independent lab report and a QR code or barcode that links to it. Hemp products you swallow or inhale cannot be sold to anyone under 21.[1]
Florida's hemp definition is its own. It does not point to the federal Farm Bill. We found no 2026 change to the hemp statute, so the state rules are the same as before the federal changes dated November 12 and December 11, 2026.[1, 2, 3, 4, 5]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, as hemp extract. Florida's hemp law covers products for swallowing or breathing that contain more than trace amounts of a cannabinoid from hemp. Synthetic CBD is left out. The statute says hemp-derived cannabinoids, including CBD, are not controlled substances if they follow the law. It has no separate CBD rule.[1] |
| Hemp definition and THC limit | Hemp is Cannabis sativa L. with a total delta-9 THC concentration of no more than 0.3% on a dry-weight basis. Hemp extract is measured on a wet-weight basis. The statute sets no milligram cap per serving or package.[1] |
| CBD in food and drinks | Allowed. Hemp extract sold in Florida is subject to the state's food laws (chapters 500, 502 or 580). The container must not be attractive to children, and state rules must make sure the product is not either.[1] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Florida's hemp statute does not name delta-8, THCA or similar products and does not ban them by name. The test in the statute is the 0.3% total delta-9 THC limit plus the lab, label and age rules. The statute tells the state to test hemp using post-decarboxylation or similarly reliable methods, and each lab report must show total delta-9 THC at or below 0.3%. It does not say in plain words how THCA is counted for hemp extract. Bills in 2025 and 2026 that would have added limits died.[1, 2, 3, 6] |
| Minimum age | 21. Hemp extract products for ingestion or inhalation cannot be sold to anyone under 21. A first violation is a second-degree misdemeanor. A second violation within a year is a first-degree misdemeanor.[1] |
| Who can sell it | Hemp extract may be sold to a business in Florida only if that business is properly permitted, and each batch must be made in a facility with a valid health or food-safety permit. We did not find a separate retail seller permit in the statute text. The state agriculture department enforces the law and can issue an immediate stop-sale order for mislabeled products or products attractive to children. We did not read the state's online-sales or delivery rules.[1] |
| Labels and lab testing | Each product needs a certificate of analysis from an independent lab. The label needs a scannable QR code or barcode linked to that report, a batch number, a website, an expiration date, and the milligrams of each cannabinoid per serving. Packaging must be light-resistant, not attractive to children, and meet federal poison-prevention packaging rules.[1] |
| Medical and adult-use marijuana | Florida has a medical marijuana program for registered patients with a qualifying condition, run through state-licensed treatment centers. Florida's statute defines low-THC cannabis as cannabis whose dried flowers contain 0.8% or less THC and more than 10% CBD. We found no adult-use marijuana program in Florida law as of November 2, 2026.[7] |
| November 12 and December 11, 2026 | Florida's hemp statute uses its own definition and, in the text we read, does not refer to the federal hemp definition in 7 U.S.C. 1639o. So the federal changes may not change what Florida law allows. A product that meets Florida's rules may still fall outside the new federal hemp definition. This is our reading of the statute, not an official opinion.[1] |
How Florida defines hemp and hemp extract
Florida's hemp law is section 581.217 of the Florida Statutes. It defines hemp as the Cannabis sativa L. plant and its parts with a total delta-9 THC concentration of no more than 0.3% on a dry-weight basis.[1]
Hemp extract is a product meant to be swallowed or inhaled. It must contain more than trace amounts of a cannabinoid from hemp and must not contain controlled substances. Synthetic CBD is not included.[1]
Growing hemp in Florida requires a state license. The statute was last amended in 2023 (chapter 2023-299), according to the 2026 Florida Statutes.[1]
CBD in food and drinks
The statute has no separate food chapter. Hemp extract sold in Florida is subject to the state's food laws.[1]
The law says the container for hemp extract must not be attractive to children, and state rules must make sure the product is not. 'Attractive to children' includes products shaped like humans, cartoons or animals, products that look like familiar candy, and products with any color additives.[1]
Delta-8, THCA and other intoxicating hemp products
Florida has not passed a law that names and bans delta-8, THCA flower or similar products. It also has not set a milligram limit per serving. The statute relies on the 0.3% total delta-9 THC limit, plus lab testing, labeling and the age limit.[1]
Lawmakers tried again in 2025 and 2026. Senate Bill 438 (2025) passed the Senate 37-0 but died in the House on June 16, 2025. House Bill 1409 (2026) would have restricted hemp extract sales. Senate Bill 1368 (2026) would have barred sales of THC-infused drinks to people under 21 and banned open containers in vehicles. Both died in committee on March 13, 2026.[2, 3, 6]
The statute tells the state to use post-decarboxylation or similarly reliable methods when testing cultivated hemp, and each batch's lab report must show total delta-9 THC at or below 0.3%. We could not confirm from an official source whether Florida counts THCA in the 'total delta-9 THC' limit for hemp extract. Official guidance may clarify this.[1]
Who can sell hemp extract, and what the label must show
Hemp extract for sale needs a certificate of analysis from an independent lab. The report confirms batch testing, THC at or below the limit, no unsafe contaminants, and processing in a facility with a valid health or food-safety permit. Hemp extract may be sold to a business only if that business is properly permitted.[1]
The label needs a scannable barcode or QR code linked to the report, a batch number, a website, an expiration date, and milligrams of each cannabinoid per serving. Packaging must be light-resistant, not attractive to children, and meet the federal Poison Prevention Packaging Act.[1]
Hemp extract that you swallow or inhale cannot be sold to anyone under 21. The state agriculture department enforces the law. Hemp extract found to be mislabeled or attractive to children is subject to an immediate stop-sale order. The department also inspects licensed hemp growers at least once a year.[1]
Medical marijuana and adult-use marijuana
Florida's medical marijuana law is section 381.986. A qualified patient is a Florida resident whom a qualified physician has added to the state's medical marijuana registry. The patient must have a qualifying condition and a patient ID card. Licensed medical marijuana treatment centers are the only legal source for these patients.[7]
The statute defines low-THC cannabis as cannabis whose dried flowers contain 0.8% or less THC and more than 10% CBD by weight.[7]
We found no adult-use marijuana program in Florida law as of November 2, 2026.
How Florida law relates to the federal changes in November and December 2026
Federal law changed the hemp definition in a law signed November 12, 2025. One part, about cannabinoids that are not made naturally by the plant, applies from November 12, 2026. The rest is set for December 11, 2026, unless Congress delays it again.[4, 5]
Florida's hemp statute has its own definition. In the text we read, it does not refer to the federal definition in 7 U.S.C. 1639o. It does refer to other federal provisions for the state hemp plan. Because of that, the federal change may not change Florida's rules. Florida law could still allow a product that the federal definition no longer treats as hemp. This is our reading, not an official opinion.[1]
What changes next
Federal change on cannabinoids not made naturally by the plant
Set to apply under federal law unless Congress delays it again. We found no change to Florida's own definition.[4, 5]
Rest of the new federal hemp definition
Total THC and the 0.4 mg per container limit are set to apply under federal law unless Congress delays it again. We found no matching change in Florida law.[4, 5]
Who regulates hemp and CBD
- Florida Department of Agriculture and Consumer Services (FDACS): Licenses hemp growers, regulates hemp extract as food, issues stop-sale orders
- Florida Department of Health, Office of Medical Marijuana Use: Runs the medical marijuana patient registry and licenses treatment centers
Timeline
Senate Bill 438 dies in the House
The hemp and food bill passed the Senate 37-0 on April 9, 2025, then died on the House calendar.[6]
2026 hemp bills die
House Bill 1409 and Senate Bill 1368 died in committee. We found no 2026 change to the hemp statute; the 2026 Florida Statutes show its latest amendment as chapter 2023-299.[2, 3]
Sources
Show 7 references
- Fla. Stat. § 581.217 (The 2026 Florida Statutes): Hemp
- HB 1409 (2026): THC
- SB 1368 (2026): THC
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- CS/SB 438 (2025): Food and Hemp Products
- Fla. Stat. § 381.986 (The 2026 Florida Statutes): Medical use of marijuana
Other states
CBD in the United States · Alabama · Alaska · Arizona · Arkansas · California · Colorado · Delaware · District of Columbia · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Minnesota · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Carolina · South Dakota · Texas · Virginia · Washington · West Virginia · Wyoming · CBD laws by country
About this page
This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.