Is Delta 8 Legal in Florida?

May 27, 2025

Is Delta 8 Legal in Florida? (2025 Update)

As of May 2025, Delta 8 THC remains legal to purchase and possess in Florida, but its status is under serious threat.

A bill passed by the Florida Senate in March 2025, SB 1698, seeks to heavily restrict or ban the sale of hemp-derived cannabinoids like Delta 8 THC, citing concerns about youth access and lack of regulation. The legislation proposes reclassifying Delta 8 products as controlled substances unless they meet strict manufacturing and labeling standards. While the bill is not yet enacted, it reflects growing momentum toward a crackdown.

For now, Delta 8 remains legal under Florida’s 2019 hemp law (SB 1020), which allows the sale of hemp-derived products containing less than 0.3% Delta 9 THC by dry weight. However, the Florida Department of Agriculture and Consumer Services (FDACS) has issued public warnings about unregulated products, urging consumers to buy only from licensed vendors.

Yes, Delta 8 is still legal in Florida in 2025, but possibly not for long. New legislation is in progress that may ban or tightly regulate it. Anyone buying or selling Delta 8 should stay updated on the law and stick to products from lab-tested, compliant brands.

Why Delta 8 Laws Vary by State

Delta 8 THC exists in a legal gray area not because of its chemical structure, but because of how U.S. cannabis laws are designed. The federal government legalized hemp, and by extension, cannabinoids like Delta 8 derived from hemp, but gave states full authority to regulate or ban them individually. That’s why Delta 8 may be legal in Florida but banned in neighboring states like Alabama or Mississippi.

Each state has the power to interpret and restrict hemp-derived products based on how they view public health, safety, and psychoactivity. Some states treat Delta 8 similarly to marijuana, even though it's made from legal hemp. Others classify it under their controlled substances laws or impose specific licensing requirements. The result is a patchwork of conflicting rules, where legality changes not based on science, but on how state delta 8 legislatures approach hemp regulation.

Hemp-Derived THC vs. Marijuana THC

Legally, the difference between hemp and marijuana comes down to Delta 9 THC concentration. Hemp is defined by federal law as cannabis with less than 0.3% Delta 9 THC by dry weight. Delta 8, while psychoactive, is often synthesized from CBD extracted from legal hemp, which makes it federally legal under the same definition, despite its intoxicating properties.

This is where the controversy begins. States aren't just looking at source material. They’re responding to Delta 8’s effects, which resemble marijuana. So even though Delta 8 products meet the federal definition of legal hemp, many states argue that their intoxicating nature warrants stricter regulation - treating them more like recreational cannabis.

The 2018 Farm Bill and Its Limitations

The 2018 Farm Bill opened the door for hemp-derived cannabinoids by removing hemp from the Controlled Substances Act. It allowed the sale and production of hemp and hemp extracts, as long as Delta 9 THC remained below the 0.3% threshold. That loophole inadvertently created legal space for compounds like Delta 8 to enter the market, since the bill didn’t ban other THC isomers like Delta 8 or Delta 10.

But here’s the catch: the Farm Bill didn’t establish a federal regulatory framework for these cannabinoids. It left enforcement, safety standards, and sales restrictions entirely up to the states. That absence of federal oversight means there’s no unified policy governing Delta 8, which is why legality, availability, and enforcement vary dramatically across the U.S.

In short, the Farm Bill made Delta 8 possible, but state legislatures and regulators are deciding whether it stays.

What Florida Law Says About Delta 8 THC

Delta 8 THC is currently legal in Florida, but its legality hinges on a specific regulatory framework tied to the state’s hemp laws. The cornerstone of this framework is Senate Bill 1020, passed in 2019, which legalized hemp and hemp-derived products in the state, so long as they contain less than 0.3% Delta 9 THC by dry weight. Under this law, Delta 8 products are not explicitly banned and remain legal if derived from compliant hemp.

However, Florida does not treat Delta 8 as a free-for-all. The Florida Department of Agriculture and Consumer Services (FDACS) enforces standards for hemp products, including manufacturing, labeling, and testing protocols. Any business selling ingestible hemp products, including Delta 8, must obtain a Hemp Food Establishment Permit from FDACS and comply with packaging and labeling requirements, such as child-resistant containers and clear cannabinoid content disclosures.

Florida Hemp Program and Delta 8 Regulation

Delta 8 falls under Florida’s hemp program as long as it meets the THC threshold and is derived from hemp, not marijuana. FDACS requires that all ingestible hemp products (gummies, tinctures, capsules) go through third-party lab testing to confirm cannabinoid content and safety, including screenings for pesticides, heavy metals, and residual solvents.

Retailers don’t need a special license to sell Delta 8, but they must register with the state and are expected to sell only compliant, lab-tested products. The state has also pushed for strict age restrictions - retailers may not sell to anyone under 21 years old, though this is more an enforcement practice than a formal statute as of now.

Is Delta 8 a Controlled Substance in Florida?

As of mid-2025, Delta 8 is not listed as a controlled substance under Florida law. However, this could soon change. In March 2025, Florida Senate passed SB 1698, a bill aimed at reclassifying certain hemp-derived cannabinoids, including Delta 8, as controlled substances unless they meet strict regulatory standards. If the bill becomes law, many Delta 8 products could be pulled from shelves or become subject to stricter oversight.

This pending legislation reflects a shift in how Florida views intoxicating hemp compounds, not as food supplements, but as potentially high-risk substances requiring more comprehensive regulation.

Enforcement and Compliance

For now, Delta 8 is widely sold across Florida in CBD shops, smoke stores, gas stations, and wellness boutiques, especially in urban centers like Miami, Tampa, and Orlando. However, FDACS has increased scrutiny over noncompliant products. Stores caught selling untested or improperly labeled items have received warnings, and in some cases, fines or license suspensions.

Age verification is a key area of focus. While not yet codified into state law, most reputable retailers enforce a 21+ age policy, especially for vape and edible formats. FDACS has also issued consumer advisories warning against unregulated Delta 8 products and encouraging buyers to check for QR codes linked to lab results before purchasing.

In short, while still legal, Delta 8 in Florida exists under a tightening legal and regulatory lens - with statewide enforcement efforts already ramping up ahead of potential legislative changes.

Can You Buy Delta 8 in Florida?

Yes, Delta 8 THC is currently available for purchase in Florida, both in physical stores and online. However, buying legally and safely depends on following state guidelines and verifying product quality.

In-Person Availability in Florida

Delta 8 is openly sold at licensed retailers across Florida, especially in major cities like Miami, Orlando, Tampa, Jacksonville, and Fort Lauderdale. You’ll typically find it in CBD stores, smoke shops, head shops, and wellness boutiques. Some gas stations and convenience stores also stock Delta 8 products, but caution is warranted - not all sellers meet Florida’s testing and labeling requirements.

Retailers are expected to follow Florida Department of Agriculture (FDACS) guidelines, which include only selling lab-tested products with compliant packaging. While Florida law doesn’t yet mandate an age limit in the statute, most reputable shops enforce a 21+ age policy, especially for vape cartridges and edibles. Bring a valid government-issued ID, as staff will likely verify your age before selling any psychoactive hemp product.

Before buying, it’s smart to:

• Ask for a Certificate of Analysis (COA) from a third-party lab

• Check for QR codes on product labels linking to lab results

• Confirm that the product contains less than 0.3% Delta 9 THC by dry weight

Ordering Delta 8 Online for Florida Residents

Florida residents can legally purchase Delta 8 products online, and for many, it's the preferred option. Online brands often offer:

• Broader product selection (gummies, vapes, tinctures, pre-rolls)

• Stricter quality control, with full lab transparency

• Better pricing due to direct-to-consumer models

Online orders must still comply with state regulations, so always choose brands that:

• Provide verified third-party testing

• Use hemp-derived cannabinoids sourced legally

• Follow Florida packaging and labeling standards
  
  

A trusted brand like Moonwlkr stands out for its rigorous compliance, consistent lab testing, and clear labeling. All Moonwlkr Delta 8 products are:

• Derived from Farm Bill-compliant hemp

• Accompanied by COAs verifying safety and potency

• Shipped discreetly and legally to Florida addresses
  
  

Buying online also reduces the risk of encountering mislabeled or low-quality products often found in unregulated physical storefronts.

Best Delta 8 Products for Florida Customers

With Delta 8 THC still legal in Florida, consumers have access to a variety of products, but not all are created equal. Florida’s evolving regulatory environment means that choosing the right product isn’t just about preference; it’s about compliance, transparency, and safety. Moonwlkr offers a curated lineup of Delta 8 products tailored to these needs, each lab-tested, legally compliant, and formulated for specific effects.

Delta 8 Gummies – Long-Lasting & Easy to Dose

For those new to Delta 8 or looking for a more controlled, discreet experience, gummies are an ideal starting point. Moonwlkr’s Delta 8 gummies are:

• Precisely dosed at 25mg per piece, making them easy to manage

• Slow-release, with effects typically lasting 4–6 hours

• Available in popular flavors like Blue Dream Berry, Pina Colada, and Sour Strawberry Diesel

• Designed to support relaxation, sleep quality, and anxiety relief
  
  

Each batch is third-party lab tested and labeled with a scannable QR code, a key requirement under Florida’s hemp product regulations.

Delta 8 Vapes – Fast Onset and Clean Experience

For more experienced users, vape cartridges and disposables offer fast-acting relief with customizable control. Moonwlkr’s Delta 8 vapes are:

• Available in strain-specific profiles like Strawberry Gelato, Grape Runtz, and Tiger’s Blood

• Made with botanically derived terpenes, with no cutting agents or fillers

• Offered in both 1g cartridges and ready-to-use disposable pens

• Backed by full-panel lab results, including solvent and contaminant testing
  
  

Their rapid onset and smooth draw make them a favorite among those who want quick results without sacrificing product integrity.

Alternative Products (If Legal Shifts Occur)

If Florida enacts SB 1698 or similar restrictions, Moonwlkr already offers fully compliant alternatives:

• Delta 9 Gummies (formulated to remain under 0.3% THC by dry weight - Farm Bill compliant)

• Full-Spectrum CBD products that deliver calming effects without psychoactivity

• Zero THC products, designed for sleep support and relaxation
  
  

These alternatives comply with both federal and current Florida law, making them viable long-term options regardless of legal shifts.

Final Thoughts: Understanding and Staying Compliant with Delta 8 in Florida

As of now, Delta 8 THC remains legal in Florida, but that could change. With SB 1698 advancing and state regulators increasing enforcement, consumers must stay informed. Buying from unverified or noncompliant sources risks not only legal issues but also product safety.

To shop responsibly:

• Stick with brands that provide transparent third-party testing

• Avoid products without labeling, COAs, or age verification protocols

• Monitor legislation closely - laws can shift quickly
  
  

Moonwlkr remains a trusted source for compliant, lab-tested Delta 8 products, offering peace of mind to Florida residents navigating an uncertain legal landscape.

Key Takeaways

• Delta 8 is currently legal in Florida, but legislation like SB 1698 could restrict or ban it.

• Products must be derived from hemp and contain <0.3% Delta 9 THC to stay compliant.

• In-person and online purchasing is legal, but buyers should confirm product safety and legality.

• Moonwlkr offers premium Delta 8 gummies and vapes, all backed by rigorous lab testing.

• If laws tighten, compliant Delta 9, CBD, and CBN products from Moonwlkr remain viable options.

• Legal doesn't always mean safe - stay updated and choose verified, reputable sources.