Is Hemp Legal in Florida? Is Hemp Legal in Florida?

Is Hemp Legal in Florida?

Posted by Tweedle Farms on May 12th 2021

Hemp, CBD Flower, and THCA Flower: Navigating the Legal Landscape in Florida

Understanding the Legal Status of Hemp in Florida

Florida's approach to hemp, aka CBD flower, has evolved significantly in recent years. Unlike what is colloquially known as “marijuana,” hemp flower contains low levels of THC (tetrahydrocannabinol), the psychoactive compound associated with the "high" of marijuana. The federal Farm Bill of 2018 legalized hemp flower, as well as the products made from it, with THC levels below 0.3% on a dry weight basis, paving the way for states to develop their regulatory frameworks.

In Florida, hemp cultivation and processing became legal following the passage of Senate Bill 1020 in 2019. This legislation aligns with federal law, defining hemp flower as a cannabis product with a THC concentration of not more than 0.3%. The Florida Department of Agriculture and Consumer Services (FDACS) oversees the cultivation, processing, and distribution of hemp CBD flower, as well as the products made with its extracts, ensuring compliance with quality and safety standards.

CBD Flower: A Popular Hemp Derivative

CBD flower, a finished good made from trimmed, dried, and cured cannabis plants, is one of the most sought-after products in Florida's hemp market. CBD, the predominant active compound in hemp CBD flower, is celebrated for its potential therapeutic benefits without the intoxicating effects of high THC levels. In Florida, CBD products, including CBD flower, must comply with state regulations, which mandate proper labeling and THC limits.

THCA Flower: A Gray Area in Hemp Legislation

THCA (tetrahydrocannabinolic acid) is a non-psychoactive precursor to THC found in raw cannabis plants. When heated, THCA converts into THC. The legal status of THCA flower in Florida is more complex. While technically legal if derived from hemp and containing less than 0.3% THC, the potential for THCA to convert into THC poses legal challenges. Consumers and retailers should exercise caution and stay informed about evolving regulations regarding THCA flower and THCA products.

Navigating the Market: Compliance and Quality Assurance

For consumers and businesses in Florida, navigating the hemp flower market requires a keen understanding of state and federal laws. Compliance with testing, labeling, and THC thresholds is crucial. Additionally, consumers should seek products from reputable sources that provide transparent information about the origin of their CBD flower, any processing it was subjected to, and THCA content.

Looking Ahead: The Future of Hemp Flower in Florida

As the hemp industry grows, Florida is likely to continue refining its regulations regarding hemp CBD flower to balance economic opportunities with public health and safety. Staying informed about legal developments is essential for anyone involved in the hemp flower market, from cultivators to consumers.


The legality of hemp, CBD flower, and THCA flower in Florida reflects a dynamic and evolving legal landscape. While hemp and CBD flower enjoy legal status under specific regulations, the situation surrounding THCA flower remains more complex. Navigating this landscape requires a thorough understanding of both state and federal laws, ensuring compliance and consumer safety in Florida's burgeoning hemp industry.