Cannabis & hemp regulatory news and information about

Florida

Recreational Marijuana Status:
Illegal
Medical Marijuana Status:
Legal

Seed Legality

Ungerminated seeds ≤0.3% THC are 'hemp' in Florida and lawful to hold, but germinating one is a felony.
Hemp seeds
Restricted
Marijuana seeds
Restricted
Sale
Restricted
Transacting
Legal
Gifting
Legal

Florida's hemp statute, Fla. Stat. § 581.217, defines hemp to include seeds with total THC not exceeding 0.3%, and § 893.02 excludes hemp from the criminal definition of cannabis — mirroring DEA's January 2022 position — so possessing or gifting ungerminated seeds (often sold as 'souvenirs') is lawful. Selling seed for planting implicates FDACS seed-dealer licensing under Fla. Stat. ch. 578, and licensed hemp cultivators may only plant seed from certified agencies under § 581.217(7). Because Florida is medical-only with no home cultivation (the 2024 Amendment 3 fell short of the 60% threshold), germinating even one seed is felony cultivation under §§ 893.13 and 893.1351; the federal H.R. 5371 § 781 redefinition will also strip 'hemp' status from viable seeds of high-THC parent plants effective Nov. 12, 2026, undercutting the souvenir-seed rationale.

Key law:
Fla. Stat. §§ 581.217, 893.02, 893.1351; Fla. Stat. ch. 578
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.

Florida

Hemp, Cannabis, and Tobacco Regulation News