Is cbd oil legal in florida for minors

CBD Age Limit Requirements: How Old Do You Have to Be To Buy CBD?

CBD has become a widely popular addition to our daily health regimen. It’s a safe, non-toxic, and non-psychoactive cannabinoid that offers many benefits.

You see CBD products in many health stores, and you can even order these products online.

The question is — how old do you have to be to buy CBD, especially since it’s extracted from cannabis plants?

The answer to this question is a bit tricky.

You need to consider the legality of its source. Is it from hemp or marijuana? More importantly, what do your local laws say about CBD?

Let’s break down the legal status of CBD.

Is CBD Legal?

The year 2018 saw the legalization of industrial hemp, with the 2018 Farm Bill legalizing all plant parts. Not only does this include the flowers, leaves, and stalks of the plant, but also all its cannabinoids, extracts, and derivatives, as well as salts, acids, and isomers, etc.

However, industrial hemp is only federally legal if its THC level doesn’t exceed 0.3% on a dry-weight basis.

Industrial hemp with more than this legal THC limit is already considered marijuana, which, under federal laws, remains illegal.

In short, CBD derived from industrial hemp is legal in all states, while CBD derived from marijuana isn’t federally legal.

If you live in a state with legalized marijuana for adult use, using marijuana-derived CBD should be okay.

So, exercise due diligence and check your local legislation before buying marijuana-derived CBD online.

Do You Have to Be of Legal Age to Buy CBD?

No, you don’t have to be of legal age to buy CBD.

The 2018 Farm Bill technically allows people of all ages (even minors) to access the different forms of hemp-derived CBD. This means anybody can buy and use hemp-derived CBD products, as long as they contain no more than 0.3% THC.

There’s also no limit to the amount of hemp-derived CBD products you can buy.

However, federal laws do prohibit minors from buying and using inhalable or smokable CBD products.

Most dispensaries also don’t sell hemp-derived CBD products to minors, so it would be unlikely for them to buy CBD independently. Reputable online vendors also do age checks as required by law.

As for marijuana-derived CBD, legal states require you to be at least 21 years of age or older to buy it.

For a minor requiring marijuana-derived CBD with higher THC content, their legal guardian must enroll them into their state’s medical marijuana program. The minor must also be seen by a certified healthcare professional and diagnosed with one of their state’s qualifying medical conditions.

A medical marijuana card will be issued to the minor’s legal guardian, allowing them to buy marijuana-derived CBD products for their ward.

What are the Common Forms of CBD Products?

CBD products come in many forms.

Sublingual CBD such as oils and tinctures is placed under the tongue for about one minute before swallowing. This method produces a fast onset of effects since the cells immediately absorb CBD.

Ingestible CBD includes edibles (gummies, brownies, candies, etc.) as well as capsules or pills. CBD oils and tinctures may also be included here if added to meals or drinks. This method has a slower onset of effects since CBD passes through several organs first before entering the bloodstream.

Topical CBD is a category reserved for creams, balms, salves, gels, ointments, lotions, and any CBD product applied to the skin. Topicals work best for localized discomfort such as normal muscle aches after exercising or inflammation flare-ups.

Inhalable forms involve smoking CBD-rich flowers or vaping CBD vape oil or concentrates. The effects are pretty fast since CBD is immediately absorbed in the mouth and the lungs — going directly into the bloodstream.

There’s no age restriction in buying any of these CBD forms, except for inhalable CBD products, which are only available to adults 21 years of age and older.

What’s the Age Requirement for Buying CBD Vape and Cigarettes?

On December 20, 2019, the minimum age for buying vape and tobacco products was raised to 21 from 18 years of age.

It’s now illegal for retailers of both vape (including CBD vape) and tobacco products to sell them to anyone under the age of 21.

The law also requires retailers to check their buyer’s ID to ensure they’re of legal age to buy inhalable products.

Is it Legal to Give Children CBD with Parental Consent?

For marijuana-derived CBD, only those minors registered into their state’s medical marijuana program may receive marijuana-derived CBD with a higher THC content.

They must be diagnosed with one of their state’s qualifying medical conditions, and they must have a caretaker (either a parent or a legal guardian) who’ll manage their CBD use.

As for hemp-derived CBD, the 2018 Farm Bill technically allows children access to CBD, provided that the product comes from industrial hemp containing no more than 0.3% THC.

Except for inhalable CBD products, minors can consume any form of hemp-derived CBD. According to a study that examined the efficacy of CBD in children with epilepsy, children can safely take up to 20 mg of CBD per body weight daily [1].

However, the minor’s CBD use should be closely monitored by the parents. They should keep in mind that there aren’t many studies yet on the long-term effects of chronic CBD use, especially on children, so care should be taken when administering CBD to minors.

Parents must also be made aware of the potential side effects of CBD, especially on high doses. These include:

More importantly, parents should be warned of the potential drug interaction between CBD and other medications the child might be taking.

CBD can either decrease or increase a drug’s potency. Studies suggest that CBD increases the effects of warfarin and antiepileptic drugs like phenytoin.

For these reasons, we recommend consulting with your child’s physician first before giving them CBD.

Tips for Buying CBD

CBD’s popularity has exploded over the last few years. While this gives us better access to CBD products, it also makes us more vulnerable to scammers.

When buying CBD, be mindful of these tips.

1. Consider the Extract Type

CBD comes in three types — pure, broad-spectrum, and full-spectrum CBD.

All three types contain high levels of CBD. However, broad-spectrum and full-spectrum CBD products also contain other cannabinoids as well as terpenes. Of the three CBD types, only full-spectrum CBD has some THC in it.

Which is better?

These already provide many health benefits, but having a little THC in the product allows you to enjoy the entourage effect.

The entourage effect is a phenomenon that says all cannabinoids and terpenes found in cannabis work together, amplifying each other’s health effects.

2. Examine the Source of CBD

If you reside in a legal state, taking marijuana-derived CBD should be fine, as long as you’re of legal age. Minors should be registered into their state’s medical marijuana program.

If you live in a non-legal state, then your only option is hemp-derived CBD. Ensure the product comes with a certificate of analysis from a third-party lab confirming the THC content below 0.3%.

3. Consider the Method of Administration

You may use any form of CBD, but if you’re a minor, you’re not allowed to use inhalable CBD forms such as CBD flower and vape. CBD products like these are only available to people above the age of 21.

Now, if you’re after a fast onset of effects, choose between inhalable and sublingual CBD. In under 15 minutes, you’ll start feeling its effects. These methods, however, offer a shorter duration.

If you want the CBD effects to last longer, then try ingestible CBD products. They may need more time to kick in (30 minutes to 1.5 hours), but CBD stays longer in the body to produce longer-lasting effects.

CBD first passes through the digestive system and the liver, where it’s metabolized. The liver then gradually releases CBD into the bloodstream, with its concentration in the bloodstream peaking at around three hours before slowly tapering off.

The longer CBD stays in the system, the longer its duration of effects will be.

4. Research The Manufacturer

Not all CBD extracts are created equal, so choose the CBD brand wisely.

Make sure that the CBD product comes with a certificate of analysis (COA). This means that a certified third-party laboratory tested the product for its purity, safety, quality, and potency.

The COA proves that the CBD product is free from contaminants such as toxic residues and pathogens. It also shows that the CBD product contains its stated potency.

It would help if you also read customer reviews. These give you a good idea of the product’s effects and also let you know of the manufacturer’s trustworthiness. Just make sure these come from third-party websites because such reviews often stay in contrast to what the manufacturer is posting on its shop’s website.

Final Thoughts — Age Restrictions on CBD Use

CBD use has some restrictions.

If you’re 21 years or older and live in a state that legalized adult-use marijuana, you may consume any form of hemp and marijuana-derived CBD.

Minors needing marijuana-derived CBD must be registered into their state’s medical marijuana program by their legal guardian.

If you live in a non-legal state, your only option is hemp-derived CBD.

Minors can also consume any form of hemp-derived CBD, except for inhalable CBD (flowers and vapes), which is only available to people above 21 years of age.

Before administering CBD to minors, we recommend consulting with your child’s physician first.

Nina Julia

Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.

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Is CBD Legal In Florida? Here’s All You Need to Know

CBD is the second most common cannabinoid. It offers several therapeutic and medicinal uses without intoxicating the user. According to different medical researchers, CBD has anti-inflammatory, analgesic anti-seizure, and anti-stress properties. You can get CBD to form both hemp and marijuana but laws are different in every American state. Hemp-based CBD is almost legal in every state.

Nowadays, CBD and its products (less than 0.3 percent THC) are legal in Florida. Laws for CBD and its products are continuously evolving in the state of Florida. A few years back, there was no proper legislation, but with the passing of the 2018 Farm Bill, now there is a proper legal framework.

According to this law, CBD products derived from hemp and have less THC (0.3 percent) are legal in Florida.

CBD Legislation in Florida

Is CBD Legal in Florida? To know more about CBD and its legislation in Florida, let’s look a few years back. Historically Florida is not CBD- friendly state. All hemp and its derivatives were illegal under the 1970 Federal Controlled Substances Act.

In 2014 SB 1030 bill passed, and CBD for medicinal uses became legal. Every patient couldn’t get the CBD, and it was not available as an over-the-counter product. Only registered patients could get that CBD and its derivatives. These Medicinal CBD and products must contain less than 0.3 percent CBD Capsules & Softgels. According to some amendments introduced in 2016 for the marijuana program, patients can use CBD oil (higher in THC) for therapeutic treatments. These amendments did not allow smoke-able forms of Cannabis. It means smoke-able Cannabis is illegal.

In 2019 some more amendments were made to the farm bill. According to this bill, hemp is legal, and CBD should contain less than 0.3 percent THC. Moreover, all the CBD products derived from hemp plants are legal, so hemp-derived CBD products are no more controlled substances.

Hemp Farming and Its Legislation In Florida

Is CBD Legal in Florida? To know its answer, you must know about the hemp farming laws in Florida.

As you all know that CBD derived from hemp doesn’t contain a high amount of THC. Moreover, hemp-derived CBD does not make the people high, so hemp cultivation is legal in Florida. If you want to grow and process hemp, then you must apply for a state license. If you want to run a testing laboratory to test hemp derivatives and products, then you also need a license. If you derived extract nod products from hemp, your CBD products must be tested by a licensed independent laboratory.

After testing your product laboratory, issue a certificate that products don’t contain any contamination and have less than 0.3 percent THC.

US Food and Drug Administration authorities are responsible for regulating CBD’s labeling and its medicinal claims. A label must have

  • THC content ( less than 0.3 percent)
  • The product’s batch number.
  • Product expiration date
  • A scannable QR barcode is linked to the product clearance certificate.
  • The label must have information regarding CBD product either it is full-spectrum or isolate

The Farm Bill says that any states regulate and even prohibit CBD cultivation and commercial uses according to the prevailing situation.

Buying and Selling CBD In Florida

In Florida, there are no strict rules and regulations regarding the selling of CBD and its derivatives. You can find CBD and its products almost on the very retail store, gas station, food store, and even on restaurants. There read various online platforms that are also selling CBD and its products. Many re-known brands are selling CBD products online. When you decide to buy CBD or any of its derivatives, keep the following things in mind.

In which form you are buying CBD

  • What other ingredients do CBD products contain rather than CBD
  • The THC content in that CBD product
  • Testing and ingredients detail on the label
  • Manufacturing and extracting details
  • Expiry date and batch number

By checking all the things mentioned above, you can stay on the safer side by abiding by the law. Moreover, you can ask the seller what you are looking for and what CBD product will suit you. Any CBD product contains Higher THC content that is only for registered medical patients. Furthermore, there are not any clear possession limits OF CBD. You can find anything clear on how much CBD a person can possess. However, registered patients can buy and process Four ounces of medicinal CBD from licensed dispensaries.

Is CBD Oil Legal In Florida?

You can get CBD oil easily from any online store or retailer in Florida. Florida laws and regulations are lenient in this matter. Many American states allow CBD oil only for registered patients, and you cannot get it without a prescription.

In Florida, many non-dispensary” stores are selling hemp-based CBD oil. These stores are also delivering it to your doorstep. So unlike other states, there are no strict laws regarding CBD oil.

CBD Legislation for Minors In Florida

Is CBD legal in Florida (for minors)? The answer to this question is not easy as Laws are really strict for minors in Florida. Minors cannot easily get CBD products. Children only can get CBD if two doctors recommend it. There are concerned regarding brain development in children while using CBD products. Furthermore, there are many health conditions in children where the use of CBD is the last resort. Smoke-able Cannabis is still illegal for minors due to health concerns.

Wrapping Up The Things

I hope now you have a clear answer to the question is CBD legal in Florida? Every individual state has the right to regulate hemp production and its legislation according to need and situation. CBD or hemp products that contain less than 0.3 percent THC are legal in Florida. You can easily get the CBD (derived from hemp) from many non- dispensary” stores. Still, people are confused between what is legal or nonlegal in Florida, so there is a need for more clear legislative framework. Moreover, as CBD laws evolve, you can expect full cannabis legalization soon.

Is Delta-8 THC Legal in Florida?

Even with growing federal pressure, delta-8 isn’t going anywhere in The Sunshine State.

To all you Floridians out there, we have some great news. Delta-8 THC sourced from varieties of hemp is legal in Florida.

Under Florida state law, which falls in line with federal law as outlined in the 2018 Farm Bill, all hemp-derived cannabinoids, terpenes, flavonoids, and isomers are permitted for use, possession, sale, distribution, and production within the state.

In order for hemp-derived compounds to be legal on the state and federal level, hemp must only carry up to 0.3% delta-9 THC by dry weight. If the delta-9 percentage is above 0.3%, it’s classified as marijuana, which remains a federally controlled substance under Schedule I of the Controlled Substances Act (CSA).

Is delta-8 legal in Florida?

  • Delta-8 derived from hemp carrying up to 0.3% THC is currently legal in Florida
  • You can use, possess, sell, distribute, and produce delta-8 and its products without fear of penalty or prosecution
  • You can legally purchase delta-8 products online
  • CBD and delta-10 THC are also legal in Florida
  • You can travel into Florida with delta-8 products in your possession

The legislative history of delta-8 in Florida

Following the federal enactment of the Farm Bill in 2018, Florida passed Senate Bill 1020, a piece of state legislation removing all hemp derivatives, cannabinoids, terpenes, flavonoids, and all other compounds from its comprehensive Drug Abuse Prevention and Control Act.

This means hemp-derived delta-8 THC is legal under state law, which coincides with federal law.

Is marijuana legal in Florida?

Recreational use of marijuana is strictly illegal in Florida. You are unable to use, possess, sell, distribute, or cultivate marijuana for recreational purposes. If caught, penalties are very strict. Possession of up to 20 grams is a misdemeanor and could see you in jail for one year with a fine of up to $1,000.

However, medical use of marijuana was legalized after the passing of Amendment 2 (Florida Medical Marijuana Legalization Initiative) in 2016 and Senate Bill 8A (Medical Use of Marijuana Act) later in 2017.

Buying delta-8 in Florida

Since hemp-derived delta-8 THC is legal in Florida, you’re able to purchase delta-8 products from licensed online vendors and in some retail stores.

There are several licensed retail shops located across Florida, not only in Miami but also in Crawfordville, Tallahassee, Clermont, and Clearwater Beach. Many of these dispensaries sell a variety of hemp delta-8 THC products, including delta-8 vape cartridges, gummies, and distillates, as well as a wide range of hemp-derived CBD products.

Hemp delta-8 products carry less than 0.3% THC and are legal to buy in Florida. Photo: Dan LaMorte/Oracle

If you’re nowhere near a dispensary or you want the convenience of having delta-8 products shipping to your address, there are hundreds of online vendors. You can find our comprehensive list of recommended delta-8 products here.

Recommended delta-8 products

1. 3Chi

3Chi is an award-winning delta-8 brand that carries one of the largest selections of products. They currently sell delta-8 vapes, concentrates, tinctures, gummies, baked edibles, and bulk options – all available for shipping to Florida.

2. Five

Five is one of the highest quality brands we’ve tested. Their delta-8 products are highly effective and potent. They currently offer delta-8 gummies and vapes, plus their new CBD+THC formulas that are as potent as delta-8 THC. They are based in California and offer shipping to Florida.

What type of delta-8 is legal in Florida?

Delta-8 sourced from federally legal, 2018 Farm Bill compliant varieties of hemp is completely legal in Florida. In order for hemp to be federally compliant, it should only contain 0.3% delta-9 by dry weight.

Under no circumstances can you purchase marijuana-derived delta-8 products nor can you buy high-THC marijuana with delta-8 THC in it. State law prohibits recreational marijuana and marijuana-derived compounds.

Marijuana-derived products with delta-8 are not legal in Florida. Marijuana-derived products are usually labeled as “cannabis infused” and are marked with the triangle symbol (THC warning). Photo: Morgan Lieberman/Oracle

Can you travel to Florida with delta-8?

Yes. You can travel to Florida with delta-8 THC products, provided the delta-8 is derived from federally compliant varieties of hemp carrying the legal 0.3% delta-9 limit. However, you should make sure you’re flying from a U.S. state where delta-8 is actually legal. You also have to make sure the airline allows delta-8 products as well.

If your delta-8 product is derived from high-THC varieties of marijuana, it’s illegal at the state and federal level, meaning you cannot travel into Florida with it in your possession.

After the 2018 Farm Bill was enacted, the TSA stopped actively screening for hemp-derived products carrying less than 0.3% delta-9 THC in luggage, no matter whether it’s checked-in or carry-on.

Before then, the TSA prohibited anyone from traveling with cannabis or cannabis-derived products (including hemp and marijuana) under federal law.

We recommend keeping all documentation of your delta-8 THC purchase with you before you fly. Receipts and third-party test results (Certificates of Analysis) are preferred here.

Is delta-10 THC legal in Florida?

Yes. Delta-10 THC is treated the exact same way as delta-8 THC in Florida on the state and federal levels. Why? Because delta-10 THC derived from hemp is federally protected by the 2018 Farm Bill, as are all other tetrahydrocannabinols aside from delta-9 THC.

Where can you purchase delta-10 THC products in FL?

You can purchase delta-10 THC products all across the state of Florida via licensed online and physical dispensaries, though stock might be limited since delta-10 is newer and less popular than delta-8.

Is CBD legal in Florida?

Yes. Hemp-derived cannabidiol (CBD) is perfectly legal to possess, use, sell, distribute, produce, cultivate in Florida, provided it’s sourced from legal varieties of hemp carrying no more than the legal 0.3% delta-9 THC by dry weight limit.

Upcoming legislation in Florida that could change delta-8’s legality?

There’s currently no upcoming state legislation that could change delta-8’s legality in Florida. The Florida Department of Agriculture and Consumer Services (FDACS) made its stance on hemp-derived delta-8 very clear in a recent press statement, stating all hemp extracts and hemp derivatives are legal unless they carry or are sourced from hemp containing more than 0.3% delta-9 THC.

The future for delta-8 THC in Florida

Right now, delta-8 is legal in Florida but the federal government and its army of DEA fun-stoppers might change this

The DEA recently issued an Interim Final Rule in an attempt to clarify the definition of synthetic cannabinoids and how it applies to delta-8. It states all synthetically-derived tetrahydocannabinols must be federally regulated under Schedule I of the Controlled Substances Act.

Since only 1% is present in hemp plants, delta-8 is known as a minor cannabinoid. This percentage certainly isn’t enough to viably create delta-8 products, so producers are forced to be a little bit more creative.

In order for producers to make enough delta-8 THC, a structural isomerization process converting CBD into delta-8 using chemicals takes place under laboratory conditions. Structural isomerization means taking one substance and converting it into another substance by making slight alterations to its molecular structure. In the eyes of the DEA, this process might meet the definition of “synthetically-derived”, which means it’s a synthetic cannabinoid, technically a controlled substance, and potentially illegal across the United States.