Florida Courts Require Proof That Cannabis Contains More Than 1% THC

What Is the Legal THC Limit for Hemp in Florida?

In Florida, hemp is legally defined as cannabis with a total delta-9-tetrahydrocannabinol (THC) concentration that does not exceed 0.3 percent on a dry-weight basis. At The Amarosa Law Firm, we help clients understand how this definition, based on both state and federal law, specifically the 2018 Farm Bill, can impact marijuana-related charges.

Cannabis plants or products containing more than 0.3% THC are legally considered marijuana in Florida. Unlike hemp, marijuana is still classified as a Schedule I controlled substance under state law.

Medical Marijuana THC Limits in Florida

Florida law sets specific THC limits for medical marijuana products:

• Edibles: A maximum daily dose of 60 mg THC, with a 70-day supply limit of 4,200 mg THC.
• Smokable flower: 2.5 ounces per 35-day period.
• Other products (vape pens, tinctures, topicals, suppositories, and pills): Daily and 70-day supply limits vary by product type. The total THC from combined intake methods cannot exceed 24,500 mg in 70 days.

What Is Low-THC Cannabis in Florida?

In Florida, the legal definition of “low-THC cannabis” specifies that it contains 0.8 percent or less of tetrahydrocannabinol (THC) and more than 10 percent of cannabidiol (CBD). This distinction is important because it differentiates “low-THC cannabis,” which is primarily used for medical purposes, from “regular cannabis” that does not have these cannabinoid limits.

To prove that cannabis in Florida exceeds the 1% THC limit, it would likely involve laboratory testing to determine its THC content. In a legal context, if cannabis is suspected of exceeding the legal limits, law enforcement or legal entities would need to obtain a laboratory analysis or a certificate of analysis.

Possession Limits for Medical Marijuana Patients in Florida

For medical marijuana patients in Florida, there are specific regulations regarding THC content and possession limits. For example, possession limits include 2.5 ounces of smokable flower (for a 35-day supply) or 24,500 mg of THC in other forms (for a 70-day supply). Medical marijuana products must be dispensed from licensed dispensaries, and edibles have specific THC potency limits (e.g., multi-serving edibles cannot exceed 200 mg of THC).

Regarding recreational cannabis in Florida, it remains illegal as of March 2025. Possession of 20g or less is a misdemeanor, with penalties of up to 1 year in jail and a $1,000 fine. Possession of over 20g is a felony, with penalties of up to 5 years in prison and a $5,000 fine. Special circumstances, such as possession near schools or parks, can result in even harsher penalties.

THC Thresholds and Cannabis Law in Florida

In summary, in Florida, the threshold for defining low-THC cannabis is 0.8% THC, and proving that cannabis exceeds this limit would require laboratory testing. For regular cannabis, higher THC levels are not restricted by specific legal limits, but recreational use is still illegal.

If you have a marijuana or controlled substance charge, call The Amarosa Law Firm and discuss your case. 813-251-0700 AmarosaLaw.com.