Michael A. Gottlieb, P.A. - Fort Lauderdale Criminal Defense Lawyer

Can you carry CBD oil or other products in Florida?

There's a ton of confusion out there regarding marijuana products -- especially CBD (cannabidiol) oil. Both THC (tetrahydrocannabinol) and CBD are cannabinoids derived from the marijuana plant, but CBD doesn't give users a "high" like THC. CBD products, including oils, are appearing everywhere these days -- some with and some without small amounts of THC.

And that could be a problem in Florida. Here's why:

Federal law says CBD products are legal -- but marijuana isn't

Federal laws and state laws are clashing all over the nation when it comes to marijuana. Marijuana is legal recreationally in some states and medicinally in most others -- but it remains illegal under federal law completely.

CBD, which is an extract of hemp, was removed from the Drug Enforcement Administration's list of illegal drugs in 2018. That's why people all over the country are suddenly seeing products with CBD appear everywhere from gas stations to health food stores.

Florida says CBD products are illegal -- for now

Right now, CBD products are generally illegal under state law and any with 3% or more THC content can only be used through the Medical Marijuana Registry.

However, Florida's law is expected to change in the near future -- and many people may think it already has. The state's legislature already passed Senate Bill 1020, which will ultimately permit CBD products in the state to exist legally -- but not until Governor Ron Desantis actually signs off on the bill. Assuming he does, the new law will take effect on July 1.

Until then, you may be wisest to leave your CBD oil and other products at home if you're visiting Florida. Otherwise, you may find yourself charged with possession of drugs, and that's no way to start your summer.

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