Are THC Gummies Legal in Florida?

Yes, THC gummies are legal in Florida, but the legality depends on the source of the THC. Hemp-derived THC gummies are legal for sale and consumption, while marijuana-derived THC gummies are only legal for medical use with a valid medical marijuana card. Recreational use of marijuana-derived THC remains illegal in the state.

Understanding Hemp-Derived vs. Marijuana-Derived THC Gummies

To better understand the legal landscape, it's important to distinguish between two primary sources of THC in gummies: hemp-derived and marijuana-derived.

These are two separate plants underneath the genus of "cannabis". Oftentimes they are used interchangeably and while they have many similarities, there are also some differences. Compare them to limes and lemons, same same but different. 

THC can be derived from either plant, and the raw materials are chemically identical, but the legality differs immensely. 

• Hemp-derived THC gummies are produced from hemp plants containing less than 0.3% Delta-9 THC by dry weight, as defined by the 2018 Farm Bill. These edibles typically include Delta-8, Delta-10 or Delta-9 gummies, but because they are derived from hemp and adhere to the federal THC threshold, they are considered legal under both federal law and Florida state law.

• Marijuana-derived THC gummies are sourced from marijuana plants, which contain higher concentrations of Delta-9 THC. These gummies are often found in dispensaries or through licensed delivery apps in certain states, but in Florida, they are only legal for medical use. Recreational use of marijuana-derived THC products is still illegal in the Sunshine State.

Now that the differences between these two types of THC gummies are clear, let's dive into the specifics of Florida's laws regarding each type.

Legality of Marijuana-Derived THC Gummies in Florida

In Florida, marijuana is only legal for medical purposes.

As a result, marijuana-derived THC gummies are only available to individuals with a valid medical marijuana card through the state’s Medical Marijuana Use Registry (MMUR).

This program allows qualified patients to access marijuana products, including THC edibles, for medical use.

The qualifying conditions for obtaining medical marijuana in Florida include, but are not limited to:

• Cancer
• Epilepsy
• Glaucoma
• HIV/AIDS
• PTSD (Post-Traumatic Stress Disorder)
• Crohn's disease
• Chronic nonmalignant pain
• ALS (Amyotrophic Lateral Sclerosis)

Patients must consult with a qualified physician who is registered with the MMUR to be certified as eligible for medical marijuana. 

Once approved, patients can purchase THC products, including gummies, from licensed Medical Marijuana Treatment Centers (MMTCs) across the state.

However, it is important to note that recreational use of marijuana-derived THC is still illegal in Florida.

Possessing or consuming marijuana products without a medical card can lead to criminal charges, including fines and jail time.

Legality of Hemp-Derived THC Gummies in Florida

Hemp-derived THC gummies, including those containing Delta-8, Delta-9, and Delta-10, are legal in Florida for consumers aged 21 and older.

These gummies fall under the category of hemp products because they are derived from hemp plants that contain less than 0.3% Delta-9 THC, in line with federal guidelines established by the 2018 Farm Bill.

The key legal framework that allows the sale of hemp-derived products like THC gummies is the Agricultural Improvement Act of 2018 (commonly known as the Farm Bill). This legislation legalized the production and sale of hemp-derived products as long as the THC concentration remains below 0.3%.

In Florida, the Department of Agriculture and Consumer Services oversees hemp regulation, and it aligns with federal laws. As a result, consumers can purchase and use hemp-derived THC gummies without the need for a medical marijuana card.

Veto of Anti-Hemp Bill SB 1698 (June 2024)

A significant moment for Florida’s hemp industry occurred in June 2024 when Governor Ron DeSantis vetoed SB 1698, a bill that posed a major threat to the sale of THC gummies in the state.

The bill attempted to impose severe restrictions on hemp-derived THC products, including Delta-8 THC, which is a popular compound in THC gummies.

The bill intended to:

• Ban Delta-8 THC entirely.
• Limit THC gummies to a maximum of 5mg per serving and 50mg per package.

The hemp industry viewed this bill as an overreach, as these restrictions would have severely impacted the sales of THC gummies, especially for consumers who rely on higher doses for wellness benefits.

Also, it is incredibly difficult for the hemp industry to adhere to all state-specific laws with regards to serving thresholds, since we'd have to formulate and manufacture different products for each state. This would be insanely cumbersome.

The veto of SB 1698 was celebrated as a victory for the hemp industry and consumers alike because it allowed hemp-derived THC products, including gummies, to continue being sold in Florida without these limitations.

This move by Governor DeSantis ensured that the legal landscape for hemp-derived THC gummies in Florida remains favorable.

Florida is generally considered to be pro-business, so this direction was not just applauded, it was expected. 

Today, consumers can still purchase these products at local stores and online, with no strict dosage restrictions in place.

What Does This Mean for Florida Consumers?

For Florida residents and visitors, the legal status of THC gummies boils down to the source of the THC:

• If the THC is derived from hemp (and meets the legal threshold of 0.3% Delta-9 THC or less), the gummies are legal for purchase and use by adults aged 21 and older. These products are widely available at local retailers, CBD stores, and online.

• If the THC is derived from marijuana, the gummies are only legal for medical use by individuals with a valid medical marijuana card. Recreational use of marijuana-derived THC products remains prohibited.

Legal Considerations for Traveling with THC Gummies in Florida

If you're traveling to or within Florida, it’s essential to know that hemp-derived THC gummies are treated the same as other hemp products under federal law.

This means that as long as the THC concentration remains below 0.3%, you can legally carry hemp-derived THC gummies across state lines and within Florida.

Always make sure to carry proof of purchase and to keep the product in the original packaging to demonstrate compliance with federal regulations. 

For medical marijuana patients, traveling with marijuana-derived THC gummies can be more complicated. Under Florida law, patients with valid medical marijuana cards can travel with their marijuana-derived THC products within the state.

However, transporting marijuana-derived THC products across state lines remains illegal under federal law, even if both states have legal medical marijuana programs.

Conclusion

In summary, THC gummies are legal in Florida, but the type of THC and its source determine the specific legalities. Hemp-derived THC gummies, including popular Delta-8 and Delta-9 products, are legal and available to all adults aged 21 and older.

On the other hand, marijuana-derived THC gummies are restricted to medical use, and only patients with valid medical marijuana cards can legally access these products.

Florida’s legal landscape remains favorable for hemp-derived THC products, thanks in part to the 2024 veto of SB 1698, which protected the hemp industry from stricter regulations.

Whether you're a medical marijuana patient or a casual consumer of hemp-derived THC, Florida provides options for enjoying THC gummies within the bounds of the law.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?