Short answer (as of August 29, 2025): Yes—hemp-derived CBD oil that contains no more than 0.3% delta-9 THC is legal to buy and use in Florida if it follows the state’s labeling, testing, and packaging rules. CBD oils with more than 0.3% THC are only legal for medical marijuana patients and must be bought from licensed medical dispensaries.
This info—not legal advice. Laws change, so always double-check before you buy.
What is CBD oil?
CBD (cannabidiol) is a compound found in cannabis and hemp. It doesn’t make you “high.” Under U.S. law, hemp means cannabis with no more than 0.3% THC (the intoxicating compound). CBD oil can be made from hemp (usually very low in THC) or from marijuana (often higher in THC). (CDC)
Common types you’ll see:
- Full-spectrum (has CBD plus other cannabinoids, may include trace THC ≤0.3%)
- Broad-spectrum (no detectable THC)
- Isolate (just CBD)
Florida at a Glance: How the State Treats CBD
Here’s the quick snapshot that answers “is CBD oil legal in Florida?” in plain English:
- Florida treats hemp extract (including CBD oil for people to eat/drink or inhale) as food and regulates it through the Department of Agriculture & Consumer Services (FDACS). Retailers must be properly permitted.
- Hemp or hemp extract for human consumption cannot exceed 0.3% delta-9 THC.
- Age limit: Florida law prohibits selling ingestible (and other human-consumption) hemp extract products to people under 21.
- Packaging/labeling/testing are strict (e.g., COAs and scannable codes). Florida updated its Hemp Extract Rule in March 2025 to tighten QR-code and COA requirements.
- Products can’t be sold from vending machines or self-service merchandising; and packages can’t be attractive to children.
- Over-the-counter CBD oil with more than 0.3% THC is not legal. Anything above that falls under Florida’s medical marijuana law and is only for qualified patients via licensed dispensaries.
The Florida Law About It (In Plain English)
Florida has two main legal lanes:
- Hemp-derived CBD (≤0.3% delta-9 THC)
Florida’s state hemp program (in statute §581.217) says hemp and hemp-derived cannabinoids are regulated and legal if compliant. Florida’s administrative rule 5K-4.034 lays out the food-safety style rules for hemp extract for human consumption—permits, testing, contamination limits, and the 0.3% delta-9 THC cap. - Marijuana-derived CBD (>0.3% THC)
That’s handled by §381.986 (Florida’s medical marijuana law). Only registered patients can buy these products, and only from Medical Marijuana Treatment Centers (MMTCs). If you’re not in the medical program, you can’t legally buy CBD oil that exceeds the 0.3% THC limit.
Age rules: In 2023, lawmakers passed SB 1676, which—among other things—made it illegal to sell human-consumption hemp extract products to anyone under 21 and added extra safety standards for processing and packaging.
What about delta-8/delta-10? In 2024 the Legislature passed SB 1698, which would have banned some hemp THC products and imposed strict potency caps, but the Governor vetoed the bill, so those particular restrictions did not take effect. (Existing age, packaging, and safety rules still apply.)
Is CBD Oil Legal in Florida?
Yes—if it’s hemp-derived and stays at or below 0.3% delta-9 THC and it follows FDACS rules (testing, proper labels with scannable codes, etc.). If the CBD oil is over 0.3% THC (often the case with marijuana-derived CBD oils), then it’s only legal for medical marijuana patients through state-licensed dispensaries. That’s the clean, current answer to “is CBD oil legal in Florida?”
Buying CBD in Florida: How to Stay on the Right Side of the Rules
If you’re shopping in Florida, use this simple checklist:
- Shop from permitted businesses. Retailers selling hemp extract for human consumption must be permitted as Hemp Food Establishments. If a shop can’t show it’s permitted, that’s a red flag.
- Check the label for a scannable code (e.g., a QR code) that links to a Certificate of Analysis (COA) showing the product’s batch test results. Florida’s 2025 rule update tightened these requirements.
- Confirm the THC level is ≤0.3% delta-9 THC. (That’s the legal limit for hemp products for human consumption.)
- Age matters: Expect an ID check for ingestible or inhalable products if you’re under 21.
- No vending machines / self-service bins. That’s not allowed for hemp extract products.
Using CBD in Florida: Practical Tips
- Driving: CBD itself isn’t intoxicating, but be cautious with “full-spectrum” products that contain trace THC—especially if you’re sensitive. Always read the COA. (Federal and state law limit delta-9 THC to 0.3% for hemp.)
- At work: Employers can set their own policies. If drug testing is a concern, consider broad-spectrum or isolate and keep the COA.
- Traveling by air: TSA allows hemp-derived CBD products that contain no more than 0.3% THC (or FDA-approved items). Carry products in original packaging and keep the COA handy when possible.
Medical CBD vs. Over-the-Counter CBD
- Over-the-counter (OTC): Any CBD oil you can buy without a medical card must be hemp-derived and ≤0.3% delta-9 THC. These products live under the hemp extract rules and food-safety framework (labels, permits, testing, no vending machines, etc.).
- Medical CBD: Patients enrolled in Florida’s medical marijuana program (OMMU) can access CBD and THC products (including CBD-rich oils with >0.3% THC) from licensed MMTCs.
Common Questions (Fast Answers)
Is CBD oil legal in Florida for anyone over 21?
Yes, if it’s hemp-derived and ≤0.3% delta-9 THC, and the product meets Florida’s labeling and testing rules. Human-consumption products are 21+ to buy.
Can I buy CBD oil with more than 0.3% THC without a medical card?
No. That’s considered marijuana-derived under Florida law; only medical marijuana patients can buy those products from licensed dispensaries.
Do Florida labels really need a QR code/COA?
Florida requires scannable codes and specific COA details; the 2025 rule update tightened how those codes and COAs must work.
Are delta-8 products banned in Florida?
A 2024 bill to add strict bans and caps was vetoed, so that specific measure did not become law. Existing age, packaging, testing, and safety rules still apply.
Can stores put CBD gummies in self-serve bins or vending machines?
No. Florida’s rule forbids vending machines and self-service merchandising for hemp extract products for human consumption.
Bottom Line
If you’re wondering “is CBD oil legal in Florida”, here’s the golden rule:
- Legal without a medical card = Hemp-derived, tested, properly labeled, sold by a permitted business, and ≤0.3% delta-9 THC.
- Medical-only = Anything over 0.3% delta-9 THC; you must be a qualified patient and buy from a licensed MMTC.
Want help turning this into a quick “Can I buy this?” checklist for your site? I can draft a one-page buyer’s guide with compliant wording next.
