Is Delta-8 Legal In Florida?
Delta-8 Legal In Florida
Is Delta-8 legal in Florida? The short answer is no, but it isn’t totally clear yet whether or not Delta-8, a cannabis derivative, is safe for consumption. Many believe that if the cannabis component of Delta-8 is ingested, there is a reasonable chance that it could lead to some negative effects. In addition to Delta-8, Florida is also home to a number of other medical marijuana companies, so maybe there’s hope for the cannabis sector in Florida as well.
At the federal level, the Controlled Substances Act specifically prohibits any person from manufacturing, dispensing, or possessing with intent to distribute, any type of schedule H substance, including cannabis. However, even on the state level, the distribution of certain kinds of substances is not necessarily considered illegal, and this is where the line gets drawn. For example, in Florida, the use of smoked marijuana by adults is legal (under state law) but is illegal for minors, those under the age of 18, to possess.
In addition to cannabis, there are two other types of Schedule H drugs that are illegal in the federal level, but are legal in the state level. These include synthetic cathamide and delta-9 thc. For these two substances, the use is strictly voluntary, meaning that the user must actually want to be taking the drug. On the other hand, the use of hemp and delta-9 thc is entirely voluntary; both contain no known medicinal benefit and may be addictive. Hemp can be used medically, but many CBD products do not contain any CBD at all, merely THC. This has caused a bit of a problem in terms of regulating CBD-based products in Florida.
Is Delta-8 Legal In Florida?
Currently, the state of Florida does not have a CBD registry. However, the state department of consumer services recently put the power in the hands of the state’s consumer protection agency, or attorney general, to create such a registry. Currently, the attorney general can’t create a registry without getting pre-clearance from the state court. So until such time, the state of Florida technically has no law regulating CBD hemp extracts. The state department is concerned about “legitimate pharmacies” that may start selling CBD-based supplements that could create a black market.
The federal law doesn’t specifically mention CBD, but implicitly it does. While ingestion of hemp extracts is not proscribed by either federal law or the federal constitution, consuming them is illegal. The only way to make consumption legal is through prescription, which is a rather controversial issue in itself. If the state of Florida were to create a registry, would-be consumers might be encouraged to start buying CBD supplements from a CBD-only pharmacy. If the state attorney general were to file a lawsuit against “legitimate pharmacies,” the product could be made available without a prescription, but the CBD portion of the supplement could not be purchased without a doctor’s prescription.
If you’re thinking about starting a new business or conducting a research project in Florida, be sure to consult with a lawyer specializing in the area before you begin. He or she will be able to answer all your questions and help protect your rights as well as ensure that you’re not performing anything illegal. If you are growing marijuana plants for personal use, then you may not have a cause for concern, but if you plan on selling or distributing products containing cannabis, you will definitely want to contact a Florida cultivation lawyer to be sure you’re following the law. You may find that there are several ways to consume the plant matter, and one way is by using isomerization technology to convert the plant material into concentrated pharmaceuticals. Before you start any business involving controlled substances, be sure to consult an expert who knows your state’s regulations and who can give you sound advice based on your specific circumstances.