The laws surrounding Delta 8 THC, Delta 9 THC (commonly known as marijuana), Delta 10 THC, and CBD (cannabidiol) are constantly changing and it can be confusing to keep up with all the various laws. As of this article in early 2022, Delta 8 THC remains completely legal in the state of Florida. And although you need a medical card to purchase medical marijuana (delta-9) in Florida, there are no requirements necessary to purchase delta-8. Although legislation regarding Delta 8 is currently being proposed, there are no plans to make Delta 8 THC illegal in the Sunshine State, only regulate it.

Is Delta-8 THC Legal Federally?

Delta 8 THC was made legal at the federal level in 2018 when lawmakers passed the Agriculture Improvement Act of 2018, more commonly known as the 2018 Farm Bill became federal law and legalized and regulated hemp cultivation. Hemp, or industrial hemp, is defined as a cannabis plant containing less than .3% Delta 9 THC – the compound that gets you “high”. Although Delta-8 is federally legal due to the 2018 Farm Bill, around a dozen states have chosen to outlaw Delta-8 THC.

The DEA also further clarified their stance, in a letter to the Alabama Board of Pharmacy

The CSA, however, excludes from control “tetrahydrocannabinols in hemp (as defined under section 1639o of Title 7).” Hemp, in turn, is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [( 9 -THC)] concentration of not more than 0.3 percent on a dry weight basis.” 7 U.S.C. 1639o(1).

Is Delta-8 THC Legal in Orlando?

Yes! The state of Florida clarified that Delta-8 was legal with the state law, SB 1020 which removed hemp-derived cannabinoids (including Delta 8) from Florida’s Controlled Substances list. The Florida Department of Agriculture and Consumer Services also put out a press release specifically addressing Delta 8’s legality. All of this means you can feel perfectly safe purchasing and possessing Delta 8 THC in Florida which includes any and all hemp-derived cannabinoids, terpenes, flavonoids, and isomers.

Can legal Delta-8 make me fail a drug test?

Yes. Delta-8 is extremely similar in chemical structure to delta-9 and can cause you to fail a drug test

Is Marijuana Legal in Florida?

No! Marijuana (delta-9 THC) is currently illegal to use recreationally in the state of Florida. Floridians are able to purchase marijuana under Florida’s medical marijuana program as long as they have a valid medical reason and have a medical marijuana prescription from a doctor. Possession of up to 20 grams without a medical card is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one’s driver’s license. As delta-8, delta-10, and CBD are legal – you cannot get in trouble for possessing any of those hemp derivatives.

Purchasing and Possessing Delta-8 THC in Florida

  • Must be less than .3% Delta-9 THC

  • Any age can purchase but most retailers require 21+ years of age

  • Can be purchased in-person or online

  • Can travel with Delta-8 (just make sure you’re coming from a legal state)

Delta-8 THC and Delta-9 THC can look identical and with recreational Delta-9 THC being illegal in the state of Florida, you want to be sure you’re purchasing your Delta-8 products from reputable shops – whether that be online or at local dispensaries or head shops. With Delta-8 being federally legal you can purchase any and all Delta-8 products (flower, edibles, gummies, vape carts, etc) from online retailers. Shopping for Delta-8 online can allow you to purchase straight from the same brands and wholesalers that your local shops would use. Shopping online also allows you to easily access Certificates of Analysis from lab testing that retailers are able to provide. To be sure you’re getting legal hemp products, these testing documents should show that any products available for purchase contain less than .3% delta-9 THC.

Are CBD and Delta-10 Products Legal?

Yes! CBD and Delta-10 are also legal federally and fall under the same 2018 Farm Bill regarding hemp-derived products. As long as there isn’t more than .3% delta-9 THC, it is perfectly legal to possess these products unless your state has specifically outlawed them. In Florida; CBD, delta-8 THC, delta-10 THC are all completely legal to purchase, possess, and use.

Delta-8 THC vs CBD vs THC


  • Delta-8 is naturally found in cannabis plants but in very small concentrations so it’s typically man made. Delta-8 is created from delta-9 through a process called isomerization. Delta-8 is similar to delta-9 in the fact that they both have psychoactive properties.
  • CBD affects different receptors in the brain so CBD products are preferred by people who do not want to receive the benefits of cannabis without feeling the “high”.
  • THC, Tetrahydrocannabinol, is the term typically used to describe marijuana, or delta-9 THC. Delta-8 THC is the legal derivative.

What Types of Delta-8 THC products are available?

Flower & Pre-rolls

Delta-8 flower is the cheapest way to consume your delta-8 and is available in many different strains, each providing different effects. Bubba Kush 77 will relax you and help you unwind. It includes CBD content which provides anti-inflammatory properties while the delta-8 content will reduce pain and muscle tension. Bubba Kush 77 is also available in pre-rolls for easier use.


To easily consume your delta-8 on the go, you might want to look at vape cartridges. They’re available in many different flavors in addition to having a high concentration of delta-8 THC. This Mango Kush has a 93% delta-8 THC level and is perfect for pain relief and putting you to sleep.


Edibles are a great option for delta-8 users who don’t want to have to smoke or vape to receive the benefits of delta-8. These delta-8 gummies, like all delta-8 products, are psychoactive and will have you feeling happy and euphoric, the feelings will just be much more mild than what you would expect from delta-9.

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