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Automate Compliance TodayUS State
Cannabis and hemp laws
Florida
2024 ballot failed (56% vs 60% needed); 2026 ballot failed to qualify
Adult use
Illegal
Medical
Legal
Last reviewed
May 27, 2026
Florida
Cannabinoid status board
No items found.
Florida
Latest news and analysis
FAQ
Common questions
Is marijuana legal in Florida?
Recreational marijuana is illegal in Florida. Medical marijuana is legal.
Is THCA legal in Florida?
Restricted. High-THCA flower can no longer be sold lawfully at Florida retail.
Is delta-8 THC legal in Florida?
Yes. Delta-8 THC is legal to sell and possess in Florida under Florida Statute 581.217 after Governor Ron DeSantis vetoed SB 1698 on June 7, 2024.
Is hemp-derived delta-9 THC legal in Florida?
Yes. Hemp-derived delta-9 THC edibles, beverages, vapes, and tinctures are legal to sell and possess in Florida under Florida Statute 581.217 if the finished product stays at or below 0.3% delta-9 THC by dry weight.
This is general information, not legal advice.
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.
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.