In Florida, low-THC cannabis is legally defined as cannabis flower containing 0.8 percent or less THC and more than 10 percent CBD by weight. This is a specific legal category created under Florida Statute 381.986, and it sits in a distinct space between standard medical marijuana and hemp.
The Exact Legal Threshold
Florida law sets two requirements that must both be met for cannabis to qualify as low-THC. The dried flowers must contain no more than 0.8% tetrahydrocannabinol (THC), the compound responsible for the “high.” At the same time, the plant must contain more than 10% cannabidiol (CBD) by weight. That CBD floor is significant because it ensures low-THC products are heavily CBD-dominant, with a ratio of at least 12.5 parts CBD to 1 part THC.
The definition covers more than just the flower itself. Seeds, extracted resin, and any compound, mixture, or preparation derived from a qualifying plant all fall under the low-THC umbrella, as long as they’re dispensed through a licensed medical marijuana treatment center.
How Low-THC Differs From Hemp and Medical Marijuana
Florida recognizes three distinct cannabis categories, and each operates under different rules. Hemp, defined under a separate statute, contains 0.3% THC or less. Low-THC cannabis allows up to 0.8% THC but requires more than 10% CBD and can only be obtained through the state’s medical marijuana program. Standard medical marijuana has no upper THC limit but requires a qualifying medical condition and physician certification.
The practical difference matters. Hemp-derived CBD products are widely available in retail stores without any medical card. Low-THC cannabis, despite its minimal THC content, is regulated as a medical product. You can only purchase it from a licensed dispensary (officially called a medical marijuana treatment center) after going through the state’s patient registry process.
Where Low-THC Cannabis Came From
Low-THC cannabis was actually Florida’s first legal step into medical cannabis. The Compassionate Medical Cannabis Act of 2014 created this category before full medical marijuana was approved by voters in 2016. The law required the Department of Health to authorize five dispensing organizations by January 2015 and set up a compassionate use registry for physicians and patients. Starting January 1, 2015, licensed doctors could order low-THC cannabis for patients. When Florida later expanded to full-strength medical marijuana, low-THC remained as its own defined category with some unique privileges.
Where You Can Use Low-THC Cannabis
Low-THC cannabis gets more lenient treatment under Florida law than standard medical marijuana when it comes to where you can use it. The statute prohibits using marijuana on public transportation and in public places, but it carves out an exception for low-THC cannabis in a non-smokable form. That means oils, capsules, or other non-smokable low-THC products can legally be used in public settings where regular medical marijuana cannot.
How to Get a Low-THC Recommendation
The process for accessing low-THC cannabis follows the same pathway as standard medical marijuana in Florida. You need to see a qualified physician who is registered with the state. That physician evaluates your condition and, if appropriate, enters your information and an order into the Medical Marijuana Use Registry. From there, you apply for a Medical Marijuana Use Registry Identification Card, either online or by mail, with a $75 registration fee. Once approved, you can purchase low-THC products at any licensed dispensary in the state.
Supply Limits and Dispensing Rules
Florida law caps marijuana possession for qualified patients at a 70-day supply at any given time. Dispensaries cannot provide more than a 70-day supply within any 70-day period. For smokable marijuana specifically, the limit is 2.5 ounces per 35-day period. The exact daily dose amounts, which the Department of Health sets by rule, are used to calculate what a 70-day supply looks like in milligrams for each product form. For edibles specifically, a single product cannot exceed 200 milligrams of THC total, with individual servings capped at 10 milligrams.
A physician can issue certifications covering up to three 70-day supply periods of marijuana or up to six 35-day supply periods of smokable marijuana at a time.
Why the 0.8% Number Matters
The 0.8% THC threshold is notably higher than the 0.3% federal hemp limit, which means products that qualify as low-THC in Florida’s medical program would not necessarily qualify as legal hemp under federal law. If a product contains 0.5% THC, for example, it’s above the hemp threshold but still within Florida’s low-THC definition. This distinction is relevant if you travel across state lines, since federal law and other states’ laws may classify that same product as a controlled substance.
For patients primarily seeking CBD’s effects with minimal psychoactive impact, the low-THC category provides a regulated, lab-tested option through the dispensary system. The mandatory CBD content above 10% ensures these products deliver a substantial dose of CBD relative to the trace amount of THC present.