Do you know the legality of cannabis and hemp in the state of Florida?
Florida is a state that has come a long way when it comes to the legality of hemp and cannabis. Over the years, the laws have evolved and currently there are some differences between what is legal in Miami and what is legal in Orlando. To better understand the situation, it is necessary to know some important terms and the laws that govern their use in the state of Florida.
Hemp and marijuana: two different plants
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The first thing to keep in mind is that hemp and marijuana are two different plants, although they belong to the same species: Cannabis sativa. The main difference lies in the amount of THC they contain. THC is the psychoactive component of cannabis, responsible for the effects we know as “high”. Hemp contains less than 0.3% THC, while marijuana can contain up to 30%.
Hemp is a plant that is mainly used for the production of textile fibers, food, oils, and personal care products. Unlike marijuana, hemp does not have psychoactive properties and its consumption does not have psychoactive effects. Cannabis, on the other hand, is used for both medicinal and recreational purposes. Marijuana is mainly used for recreational purposes, while medical cannabis is used to treat various diseases.
Federal laws vs. State laws
At the federal level, cannabis and hemp are considered controlled substances and their possession, distribution, and use are illegal. However, in 2018 the 2018 Farm Bill (also known as the Farm Bill) was passed, allowing the cultivation and marketing of hemp in states that legalized its use. This law defined hemp as a cannabis plant that contains less than 0.3% THC by dry weight.
In Florida, the use of hemp and marijuana is regulated by state laws that differ from federal laws. The possession and use of medical cannabis is permitted under certain conditions, while the possession and use of marijuana for recreational purposes remains illegal.
Hemp use in Florida
Photo: Denys Kostyuchenko
In Florida, the use of hemp is regulated by the state Department of Agriculture and Consumer Services. Under state law, hemp is defined as any part of the cannabis plant with a THC content of less than 0.3% dry weight. This means that hemp is considered legal in Florida as long as it meets this definition. In 2019, Governor Ron DeSantis signed into law the Florida Industrial Hemp Act, which established a legal framework for the production, processing, and sale of hemp in the state. The law establishes a licensing program for hemp producers, who must meet the requirements established by the Department of Agriculture and Consumer Services. These requirements include carrying out laboratory tests to ensure that the hemp meets the legal definition and does not contain THC levels above the allowable limit.
The use of hemp in Florida is expanding rapidly, and the hemp market in the state is expected to grow significantly in the coming years. Hemp is used in a variety of products, including food and beverages, personal care products, textiles, building materials, and health and wellness products. One of the most exciting applications of hemp is its use in the production of CBD (cannabidiol), a non-psychoactive compound that has been shown to have a variety of health benefits. CBD has been used successfully to treat a variety of conditions, including anxiety, depression, chronic pain, and epilepsy.
The use of hemp can also have environmental benefits. The hemp plant is hardy and requires less water and pesticides than many other crops, which can reduce the environmental impact of farming. Additionally, hemp can be used to produce renewable bioplastics and biofuels, which can help reduce reliance on fossil fuels and reduce greenhouse gas emissions.
Miami
In Miami, the use of hemp and cannabis is regulated by Florida state law, which establishes the conditions for the production, processing, sale and use of these plants. Under state law, hemp is defined as any part of the cannabis plant with a THC content of less than 0.3% dry weight, while cannabis refers to any part of the cannabis plant with a THC content of THC higher than this limit. In Florida, hemp is considered legal as long as it meets the legal definition, and the production, processing, and sale of hemp is regulated by the state Department of Agriculture and Consumer Services. On the other hand, cannabis with a THC content above the allowable limit is considered illegal in Florida and is classified as a controlled substance by the federal government.
Regarding the medical use of cannabis in Miami, Florida allows the use of medical cannabis under certain conditions. To be eligible for the use of medical cannabis, patients must have a terminal illness or a specific medical condition, such as cancer, HIV/AIDS, multiple sclerosis, epilepsy, glaucoma, and Parkinson's disease, among others. Additionally, patients must have a medical recommendation from a physician licensed in the state of Florida. As for the recreational use of cannabis in Miami, it currently remains illegal in Florida. However, it is important to note that some cities in other US states have legalized the recreational use of cannabis, such as Colorado and California.
In Miami, the use of hemp is allowed as long as it meets the legal definition, while the use of cannabis is regulated by state law and is only allowed for medicinal use under certain conditions. Recreational use of cannabis remains illegal in Florida and Miami.
Orlando
Photo: Dean Milenkovic
In Orlando, the legality of hemp and cannabis is regulated by Florida state law, which sets forth the conditions for the production, processing, sale, and use of these plants. Under state law, hemp is defined as any part of the cannabis plant with a THC content of less than 0.3% dry weight, while cannabis refers to any part of the cannabis plant with a THC content of THC higher than this limit. As for the recreational use of cannabis in Orlando, it currently remains illegal in Florida. However, it is important to note that some cities in other US states have legalized the recreational use of cannabis, such as Colorado and California.
In conclusion, the use of hemp in Florida is on the rise thanks to the Florida Industrial Hemp Act, which establishes a legal framework for the production, processing, and sale of hemp in the state. Hemp is used in a variety of products, including food and beverages, personal care products, textiles, building materials, and health and wellness products. In addition, hemp can have environmental benefits by being a resilient plant and by being able to use it to produce bioplastics and renewable biofuels.
Sources
Florida Department of Agriculture and Consumer Services. (2021). Hemp Program. Retrieved April 10, 2023, from https://www.flsenate.gov/Session/Bill/2019/7109
Florida Department of Health. (2021). Office of Medical Marijuana Use. Retrieved on April 10, 2023, from https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx