Florida State Advertising Regulations
Florida legalized medical marijuana in 2016. Florida’s cannabis advertising law is detailed in Section 986 of Florida’s Public Health Statues. The laws allow for medical marijuana treatment centers to advertise online, but only with approval from the Florida Department of Health.
Listed below are provisions related to digital advertising:
A medical marijuana treatment center may engage in Internet advertising and marketing approved by the Public Health Department.
An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images.
A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public places.
A medical marijuana treatment center may engage in Internet advertising and marketing approved by the Public Health Department.
Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website the price for each marijuana product.
Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website each marijuana and low-THC product available for purchase, including the form, strain of marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol content, dose unit, total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product.
Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website the price for a 30-day, 50-day, and 70-day supply at a standard dose for each marijuana and low-THC product available for purchase.
An advertisement may not be an unsolicited pop-up advertisement.
Other provisions related to digital advertising:
Opt-in marketing must include an easy and permanent opt-out feature.
An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images.
A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public places.
Is Delta 8 Legal in Florida?
Delta 8 THC is currently legal in Florida under state law as long as it is derived from hemp and contains less than 0.3% Delta 9 THC, according to the 2018 Farm Bill. This has made Delta 8 widely available for sale, though there have been legislative discussions about potential future regulations or restrictions on Delta 8 products in Florida. Therefore, consumers must stay informed about any possible changes in state law.
Is CBD Legal in Florida?
Yes, CBD is legal in Florida for both medical and recreational use, provided it meets the requirements of the 2018 Farm Bill (hemp-derived CBD containing less than 0.3% Delta 9 THC). Florida also has its medical marijuana program, which allows patients with a qualifying condition to access CBD products with higher concentrations of THC through licensed dispensaries. Consumers must ensure that their CBD products are sourced from reputable suppliers and tested for quality.