For those with medical marijuana (MM) cards issued by the state, there is no need to worry about the legal status of Delta-9 flower or its edibles. But many without their own MMJ enjoy the benefits they receive from smoking or otherwise consuming edibles infused with Delta-9.
So, are they breaking Florida laws by selling, possessing or using hemp-derived Delta-9 in any of its various forms?
Delta-9 is legal in Florida — usually
As long as the Delta-9 hemp-compliant edible has a concentration of .3% Delta-9 THC or less, you can sell, possess and use it legally. No MM card or doctor’s prescription is required if you are 21 or older,
For this, you can thank HB 333, which, under the sweeping Farm Bill, legalized the use of hemp-derived Delta-9.
You could still face problems with its use
If you get stopped and questioned by the police for a traffic offense and they believe that you are impaired, whether it is by MM, Delta-9 or marijuana bought on the black market, you can face arrest for driving under the influence.
Also, even if you are not driving and are under 21 years of age, or older than 21 but the officer is unfamiliar with the distinctions between Delta-9 and other cannabis products with higher THC concentrations, you could be arrested. Those younger than 21 years of age may not legally possess the substance at all.
Your attorney can fight for you in court and likely get your charges dropped once lab tests define the correct substance (for those 21 and older).