EDUCATION: Do I Need a Permit to Sell CBD Products in Florida?

Web: www.JonesHealthLaw.com Phone: (305)877-5054 Instagram: @JonesHealthLaw Facebook: @JonesHealthLaw YouTube: @JonesHealthLaw In 2018, the Agricultural Improvement Act of 2018 was signed into law, authorizing the production of hemp and removing hemp and hemp seeds from the Drug Enforcement Agency’s (DEA) list of controlled substances. The act also allowed the U.S. Department of Agriculture (USDA) to provide guidance to implement a program that would help establish the regulatory framework regarding the production of hemp throughout the United States.   Following the Agricultural Improvement Act of 2018, Senate Bill 1020 in Florida was signed. This bill provided a state plan for the regulation of cultivating hemp within Florida. Under the bill, hemp-derived cannabinoids are not controlled substances so long as the hemp derivates do not exceed a total delta-9 tetrahydro cannibal (THC) concentration of 0.3 percent on a dry weight basis. Any product with a THC concentration over 0.3 percent is considered a controlled substance. It is important to note that the sale of topical CBD products is not required to be licensed by the FDACS and is rather regulated by the Florida Division of Business and Professional Regulation. Additionally, there may be further requirements for CBD products that contain dairy or frozen ingredients.