Quick answer: As of October 2026, Florida measures hemp by total delta-9 THC, which counts THCA. That means most THCA flower cannot be sold as hemp in Florida. Hemp extract buyers must be 21 or older.
Florida never passed a THCA ban in the Legislature. Instead, the state agriculture department changed how it measures THC. Here is where things stand as of October 2026.
Florida THCA Key Dates
- October 1, 2023: Florida’s 21+ rule for hemp extract takes effect.
- 2024: Governor DeSantis vetoes SB 1698.
- 2025: FDACS amends Rule 5K-4.034 and begins enforcing the total-THC formula.
- February 11, 2026: The Fifth District Court of Appeal upholds the rule.
- March 2026: The legislative session ends with no new hemp law.
- December 11, 2026: Federal total-THC rule takes effect.
Florida THCA Law as of October 2026
Florida’s hemp law is Section 581.217 of the Florida Statutes. It limits hemp to 0.3% total delta-9 THC on a dry-weight basis.
The Florida Department of Agriculture and Consumer Services (FDACS) enforces that law. Its Rule 5K-4.034 defines total delta-9 THC as delta-9 THC + (0.877 × THCA).
Industry trackers report that FDACS amended the rule in March 2025 and began enforcing the total-THC formula in June 2025.
The 2026 Court Ruling
A hemp retailer challenged the rule. On February 11, 2026, Florida’s Fifth District Court of Appeal upheld it.
FDACS said the decision confirms its authority to enforce Florida’s THC limits. The rule stays in force as of October 2026.
The 2024 Veto
In 2024, the Legislature passed SB 1698, a broader hemp bill. Governor Ron DeSantis vetoed it. The 2026 session ended in March 2026 without a new hemp law.
Age Limit in Florida
Florida law bars selling hemp extract meant for consumption to anyone under 21. A violation is a misdemeanor for the seller.
Pending Changes
- Federal law: On December 11, 2026, federal law will also count THCA toward the 0.3% limit. It will cap finished products at 0.4 mg total THC per container.
- State law: Florida’s next regular session starts in January 2027. No new hemp bill was in force as of October 2026.
What This Means for Buying THCA Flower Online
In Florida, the test that matters is total delta-9 THC, not delta-9 alone. Flower with a high THCA percentage will fail it.
Products that stay at or under 0.3% total delta-9 THC can still be sold to adults 21 and over.
Check the COA before you buy. Look for the total THC line, not just delta-9 THC.
How to Check a COA for Florida
A Certificate of Analysis (COA) is the lab report for a product batch. It shows how much of each cannabinoid is in the product.
Florida uses total delta-9 THC, so look at the total THC line, not only delta-9.
- Delta-9 THC: the percentage of delta-9 THC by dry weight.
- THCA: the percentage of THCA.
- Total THC: usually delta-9 THC + (0.877 × THCA).
- Batch number: should match the product you buy.
Every HIGH THCA product is lab tested and has a COA. See them on our Certificate of Analysis page.
Does HIGH THCA Ship to Florida?
No. We don’t ship THCA to Florida addresses, and checkout won’t accept them. Licensed distributors who sell outside of Florida can call us at +1 (725) 203-6529 for details.
Florida THCA FAQ
Is THCA flower legal in Florida?
Most THCA flower cannot be sold as hemp in Florida as of October 2026. The state counts THCA in its total delta-9 THC test.
Did a court uphold Florida’s THC rule?
Yes. On February 11, 2026, the Fifth District Court of Appeal upheld FDACS Rule 5K-4.034.
How old do you have to be to buy hemp in Florida?
21. Florida bars sales of consumable hemp extract to anyone under 21.
Will federal law change things in Florida?
Yes. From December 11, 2026, federal law will also use a total-THC test that counts THCA, plus a 0.4 mg per-container cap.
For federal law and every other state, see our main guide: Is THCA legal?
