How Much THC Is Legal in Florida? (Hemp and THC Limits)

What Is the Legal THC Limit for Hemp in Florida?

How much THC is legal 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, aligning with the federal Farm Bill. However, recent federal law changes may impact hemp products starting mid-November.

At Amarosa Law Firm P.A., we help clients understand Florida THC laws and how, based on both state and federal law, specifically the 2018 Farm Bill, they 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.

Hemp Laws in Florida

Hemp extract must meet several requirements, primarily that its total delta-9-THC concentration cannot be over 0.3%. When hemp meets these and other standards under Florida law, it is not considered a controlled substance. Other standards include:

1. Having an analysis conducted by an independent testing lab and a certificate of that analysis, stating the batch meets the delta-9-THC requirements and is otherwise safe for human consumption and made by a facility with valid licensure.
2. Being sold in a container with a batch number, a website where batch information can be found, a barcode for the certificate of analysis, the expiration date, and the number of milligrams of cannabinoid in each serving.
3. Being sold in a container that is otherwise compliant for safe human consumption and is not attractive to children.

These products, when meant for inhalation or ingestion, can only be sold to those 21 years of age or older. This includes smokeless hemp products.

Products including delta-8-THC remain legal in Florida as of 2026 following a vetoed bill in 2024.

Federal Changes to Hemp Laws in 2026

Florida’s limitation on hemp aligns with the 2018 federal Farm Bill. However, in 2025, there were changes made to federal hemp laws that go into effect later this year.

Previously, the law stated that hemp cannot have more than 0.3% delta-9-THC concentration. The change makes it so that hemp cannot have more than 0.3% of total cannabinoids, including delta-9-THC.

The law also states that a product is not considered hemp if its final product:

1. Contains more than 0.4 milligrams combined of total THC and tetrahydrocannabinolic acid (THCA) and any other cannabinoids causing similar effects
2. Contains cannabinoids that are not natural products of a Cannabis sativa L. plant
3. Contains cannabinoids that can be naturally produced by a Cannabis sativa L. plant but were synthesized

The bill was approved on November 12, 2025, and the change goes into effect 365 days after it was approved, or on November 12, 2026.

How Does This Change Affect Individuals in Florida?

The federal law will, in practice, ban a significant number of intoxicating hemp products. Until mid-November 2026, these products remain legal in Florida. After the federal law change, certain products will be considered controlled substances and could result in possession charges.

Determining whether possession of a substance is legal or not may rely on lab results to determine whether the product is legally considered hemp or marijuana that is a controlled substance.

Medical Marijuana THC Limits in Florida

Marijuana is a controlled substance, but there are still circumstances where it can be prescribed for medical reasons in the state. However, there are still regulations on medical marijuana. 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. Not more than 200 mg of THC per edible and not more than 10 mg per serving.
• Smokable flower or other smokable forms of marijuana. 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.

Medical marijuana can only be prescribed to someone under the age of 18 with a second physician’s opinion of agreement on record. Patients under 18 cannot be prescribed a smokable form of medical marijuana unless the patient’s condition is terminal, a smokable form of marijuana is most effective, and a second physician agrees.

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, laboratory testing is likely necessary 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. Possession of over 20g is a felony. Special circumstances, such as possession near schools or parks, can result in even harsher penalties. A significant amount of marijuana can lead to drug trafficking charges.

Hire a Trusted Drug Crime Lawyer for Offenses Involving THC Thresholds and Cannabis Law in Florida

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.

In Florida, there were 58,773 narcotics/drug offense arrests in 2020. If you have a marijuana, hemp, THC, or controlled substance charge, hire a drug crime lawyer and call Amarosa Law Firm P.A. to discuss your case. We can represent you in local courts like the Hillsborough County Criminal Department. 813-251-0700 AmarosaLaw.com.