Recent market research studies show that the global CBD (Cannabidiol) industry is expected to attain $47.22 billion in market value by 2028. This segment is also subject to growing interest from Florida entrepreneurs, which want to profit from this brand-new market.Ā
Does Florida law require licensing to sell CBD within state jurisdiction? Read on to find out.Ā Ā
Is CBD Legal in Florida? ā The FundamentalsĀ Ā
Signed into law on December 20, 2018, the Hemp Farming Act implemented significant changes to the Controlled Substances Act of 1870. One of these changes was the recognition of hemp-derivative products as legal.
At the state level, Florida legislature introduced Senate Bill 1020 to create an adequate program “within the department to regulate the cultivation of hemp in the state.” Since July 1, 2019, hemp derivatives are no longer considered controlled substances within state jurisdiction.
Before the bill, it was not easy to determine the status of CBD in the state. SB 1020 changed this factor, as it clarifies that “hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.”Ā Ā
It is crucial noting that the law specifies the designation “hemp” as the plant “Cannabis Sativa L.”
Hemp derivatives authorized under state law are those with “a total delta-9 tetrahydrocannabinol (THC) concentration that does not exceed 0.3 percent on a dry-weight basis.”
Considering CBD is a cannabinoid substance extracted from the flowers and buds of the hemp plant, this compound was officially legalized by SB 1020 in Florida. While Florida law legalized CBD-based products, manufacturers, distributors, sellers, and consumers must be cautious.
The language used in SB 1020 defines CBD as substances derived from or containing hemp with no other controlled substances associated. Also, products with a TCH concentration superior to 0.3% are considered controlled substances under federal and state law.
Do I Need a License to Sell CBD in FL? ā In Detail
Since SB 1020 legalized the use of hemp-based products within a specific concentration in Florida, consumers do not need licensing to buy and use these products. As long as the CBD product meets the definition of a “hemp derivative” under state law, it is perfectly possible to consume it without restriction.
However, the requirements for individuals seeking to grow hemp and manufacture, distribute, or sell hemp-based products are not the same. It is illegal to engage in these activities without a proper license issued by the Department of State.Ā Ā
For example, a company selling hemp derivatives in an indigestible form must have adequate food licensing. Additional license requirements apply for CBD products with dairy or frozen ingredients in the composition.
An exception to this rule is the sale of topical CBD products, which are considered cosmetics. In this case, as long as the product is sold in its original packaging, the seller does not need to obtain a specific license.
Are You Interested in Selling CBD Products in Florida? ā Immediately Seek Expert Legal Guidance
Ensuring full legal compliance while manufacturing, distributing, or selling CBD requires superior legal expertise. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best licensing strategy for your case.
