Can You Sell Delta 8 Hemp Flower in Florida?

It comes as a surprise to no one that delta 8 hemp flowers are trendy right now. Everyone is ranting and raving about the benefits of using delta 8 hemp flowers. After all, there are many benefits of using delta 8 products, so it becomes almost impossible not to give it a go.

However, the legal landscape around delta 8 products can be slightly tricky. The laws can differ drastically based on where you live. The law regarding delta 8 products is equally relevant for users and those who wish to sell delta 8 products. Let us see if delta 8 hemp flowers are legal in Florida.

What Are Delta 8 Hemp Flowers?

Someone new to the world of cannabis may not know what delta 8 hemp flowers are or even what is present in the compound. Essentially, delta 8 THC is one of the numerous cannabinoids present in the cannabis and hemp plants. Delta 8 THC occurs naturally in this plant, but it exists in a small quantity. It is challenging to extract delta 8 directly from hemp and cannabis plants.

Therefore manufacturers use other cannabinoids that are derived from the plants to synthesize delta 8. This process often misleads people to believe that delta 8 is not natural. It is a misconception that delta 8 is not a natural compound.

All of the compounds present in delta 8 products are natural, and the only factor is that manufacturers process these compounds artificially. Since delta 8 is entirely natural, it offers many benefits associated with the cannabis plant.

Can You Sell Delta 8 Hemp Flower in Florida?

Now you might be wondering if delta 8 hemp flower is even legal in Florida or not. Delta 8 THC is federally legal. Hemp is a federally legal plant, and therefore extracts like CBD are also legal at the federal level. Since delta 8 THC has CBD taken from the hemp plant, every State has the authority to determine the legal status update product.

Due to the slightly unclear legal landscape surrounding delta 8 products, many manufacturers and companies are apprehensive about entering the market. However, if you are in Florida, you are in luck. Florida is a state that permits the sale and use of these products. If all other deal components are legal, Florida has no issue with people selling delta 8 products.

Florida’s agricultural department (FDACS) is aware of the sale and popularity of delta 8 products. They know that these products exist, and their stance is consistent with federal law. If the products have less than 0.3% of Delta-9 THC by weight, companies can legally sell them. However, FDACS is keeping an eye on delta 8 products in the market.

The department said they are aware of quite a few cases where the regulatory requirements fall short. In these cases, the department has the authority to issue a notice to the company and direct them from making any future sales. You will only face this obstacle if you are not complying with the 0.3% threshold. If you keep your product within the legal limits of the law, you will never face any issues with legality. You can take specific steps to ensure that you are always in compliance with the law.

What Are the Measures You Should Take to Sell Delta 8 Hemp Flower Legally?

As we have discussed, selling delta 8 flowers and related products is entirely legal. The only caveat is that all your products must comply with the regulatory requirements. This issue is quite a sensitive subject matter, and non-compliance with the laws can lead to the closure of business or further criminal proceedings. Therefore, if you are a seller in the market, it would be in your best interest to comply with the laws.

Services are made available by third-party agencies, through which you can get your products tested. These agencies thoroughly check all your products, and they give you a detailed report of the chemical composition.

These reports are available in the form of certificates of analysis (COAs) that the agencies will issue for every product. These COAs are an absolute necessity in the CBD market. It is a way for companies to ensure that they comply with the law. In addition, having your products tested improves your reputation amongst consumers.

Moreover, the quality and the perception of your brand also depend on COAs. Unfortunately, some companies view COAs as an inconvenience. On the contrary, COAs are perhaps your best and only way to secure your business legally. 

If you get all your products tested and prove they comply with the law, no one can come after you with false claims. These certificates will protect your interests legally and economically. Your potential customers will have a lot of faith in your business, and regulators will be less likely to trouble you. If you think getting your products tested by a third party is not worth the cost and effort, you should consider doing so regardless.

In the long run, getting your products tested will only prove to be beneficial, and the cost of getting your products tested will get covered by the improved reputation that you will have in the market. Further, if you are not getting your products tested, the decision might come back to haunt you if you ever get caught selling products that are not in compliance with the law. It will be significantly more challenging to prove your case in those situations if you do not get all your products tested.

Now that you understand the importance of getting your products tested, you should also understand that not all testing is the same. Some companies will manipulate results, and that can come back to haunt you later. The only way to safeguard your business interests is to get your product tested from reliable third-party agencies used in the industry. Being legally compliant is the least you can do to ensure that you never face any legal troubles.


If you are in Florida and want to sell delta 8 products, you can legally do so. All you have to make sure is that you are following the law and that you get the necessary permits that are required. You can get to know more about the specifics of licenses from FDACS’ website. However, the legal landscape of delta 8 flower and related products evolves rapidly, so it would be best to keep yourself informed and updated about any potential changes in the law.

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