Medical Marijuana, Hemp, and Low-THC Cannabis: What’s the Difference in Florida?
Cannabis laws in Florida can be confusing, especially when it comes to the differences between medical marijuana, hemp, and low-THC cannabis. These products are regulated under different laws, have different chemical compositions, and can only be sold by certain licensed businesses. Here’s a breakdown of how Florida treats each one:
Medical Marijuana
Medical marijuana refers to cannabis products that contain higher levels of tetrahydrocannabinol (THC), the compound primarily responsible for the plant’s psychoactive effects. In Florida, medical marijuana is strictly regulated and may only be sold by licensed Medical Marijuana Treatment Centers (MMTCs). MMTC licenses are limited, and are difficult to procure.
MMTCs are vertically integrated businesses that must handle the cultivation, processing, and sale of their own medical marijuana products (they cannot just purchase and re-sell marijuana products). Patients must have a qualifying medical condition and a physician’s recommendation to purchase medical marijuana, and all sales must be recorded in the state’s Medical Marijuana Use Registry.
While medical marijuana is legal under Florida law, it remains illegal under federal law.
Hemp
Hemp is a form of cannabis that contains 0.3% THC or less on a dry weight basis. Unlike medical marijuana, hemp is federally legal under the 2018 Farm Bill and may be sold by businesses that are registered with the Florida Department of Agriculture and Consumer Services (FDACS). There is no limit on the number of businesses that may sell hemp, and it is fairly easy to become a hemp retailer. Retailers can sell hemp in Florida that they purchased elsewhere, including from a producer in another state, provided that they meet certain requirements.
Hemp-derived products are commonly sold in gas stations, vape shops, and convenience stores across Florida. However, just because a product is labeled “hemp” doesn’t mean it’s non-intoxicating. Some hemp-derived products contain cannabinoids like Delta-8 THC or other compounds that can still produce a high. Some hemp products may contain sufficient THC to show up on a drug test, especially if used frequently or in large amounts.
Low-THC Cannabis
“Low-THC” cannabis is a unique category defined under Florida law. It must be produced by a licensed MMTC and contain 0.8% or less THC and more than 10% cannabidiol (CBD).
Every MMTC is required to make at least one low-THC product available for sale. Unlike hemp products, which can be purchased from various third-party sources, low-THC products must be made in-house by the MMTC. MMTCs are not allowed to purchase or incorporate hemp-derived ingredients into their products.
In other words, low-THC cannabis is not the same as hemp — it’s a medical cannabis product created under the supervision of the Florida Office of Medical Marijuana Use (OMMU), and it’s only available to qualified patients through licensed MMTCs.