CBD products are gaining popularity across the state and nation, promising a variety of health and wellness benefits for consumers. CBD, or cannabidiol, is a substance derived from the cannabis plant, but without the psychoactive effects of marijuana. Many consumers, business owners, and others have questions about the current status of CBD’s legality in Florida. At the Florida Department of Agriculture and Consumer Services, one of Commissioner Nikki Fried’s top responsibilities is product safety for human and animal consumption, as well as handling more than 42,000 consumer complaints each year.

Below are some frequently asked questions about CBD and cannabis products in Florida.

“Commissioner Fried has fought for increased access to cannabis for years. She’s proud to be a champion for cannabis and for CBD products that can improve quality of life for sick and suffering Floridians,” said Department spokesman Franco Ripple. “However, CBD and cannabis derivatives as defined by Florida Statute 893.02 are currently not legal for sale in Florida. That’s why passage of state hemp program legislation is so important to Commissioner Fried. Once that legislation becomes law, CBD products can be tested, regulated, and legally sold with the consumer safety protections Floridians expect.”

Frequently Asked Questions:

Why aren’t CBD products legal in Florida right now?

Florida Statute 893.02 defines cannabis products, which are not legal for sale outside of certified Medical Marijuana Treatment Centers. The new federal Farm Bill provides state agriculture departments the opportunity to pass legislation and create state hemp programs. Once Florida’s state hemp legislation becomes law, consumers can legally purchase CBD products, and businesses can legally grow, process, manufacture, and sell those CBD products, in accordance with that new state law.

Are you sending cease-and-desist letters to CBD retailers?

No, cease-and-desist letters have not been sent by the Department of Agriculture and Consumer Services. Once our state hemp program takes effect, CBD products can be fully tested, regulated, and approved as safe for consumption. If CBD producers fail to comply with those safety standards, at that time the Department may issue cease-and-desist letters to protect consumers from unsafe products.

What do consumers need to know?

Right now, the CBD products being sold in Florida are unregulated, untested, and without standards on what consumers are putting into their bodies. There have been reports of falsely-advertised products containing harmful additives and little or no CBD. Neither consumers nor our Department can ensure these products are completely safe for human or animal consumption. Once state hemp legislation becomes law, our Department will begin testing CBD products for consumer safety. If consumers suspect any products are unsafe or not as advertised, they should file a consumer complaint at FloridaConsumerHelp.com or 1-800-HELP-FLA.

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