If you’re visiting Florida for the holidays and hoping to light up a joint this New Year’s Eve, it has to be “diet” weed to be legal weed.
In November, Florida voters had the chance to legalize recreational marijuana use in the state. The effort was unsuccessful, though. Amendment 3 failed to get the supermajority vote it needed to pass.
This means weed laws in Florida stay the same: Only those prescribed medical marijuana can smoke “real” weed in Florida. Other weed smokers in the Sunshine State will continue to rely on delta 8 and delta 9 products sold in smoke shops and some gas stations.
Here’s a quick refresher on weed laws in Florida and which low-level THC products are legal for adult recreational use as of December 2024.
Is weed legal in Florida now? Did Amendment 3 pass in Florida?
No, recreational marijuana is not sold in Florida. It would have eventually been made legal if Amendment 3 passed in November, but it didn’t.
Despite receiving 55.9% “yes” votes, Amendment 3 did not achieve the 60% supermajority threshold needed to pass in November. It saw a total of 5,934,139 “yes” votes. There were 4,685,443 “no” votes.
See what passed, failed in November:Florida voters reject 4 of 6 amendments on ballot.
Can I smoke on the sidewalk in Florida?
You can’t smoke weed in public in Florida, even if you have a medical marijuana card.
Can you smoke weed in bars in Florida?
No. The Florida Clean Air Act bans smoking (of any kind) in public places, including in private businesses like bars and restaurants.
“While there are few exceptions, including standalone bars, the amendment makes it possible for many Floridians to go about their daily lives without being exposed to secondhand smoke,” Tobacco Free Florida’s website says.
Can I buy delta 9 gummies in Florida? What is diet weed?
Yes, delta 9 THC and delta 8 THC products, which some refer to as “diet weed,” are legal in Florida.
Although you’re not legally allowed to buy and smoke real pot in Florida without a medical marijuana license, you can buy low-level delta 8 and delta 9 THC products from your local smoke shop without a medical license.
The only requirement to buy low-level THC products in Florida is being 21 or older.
What’s the difference between delta 8 and real weed?
Delta 8 products have milder psychoactive effects than the cannabinoid that gives “real” weed its high. Marijuana and hemp are both types of cannabis sativa plants. The kind of weed that you buy in medical dispensaries comes from marijuana plants, whereas CBD and delta 8 THC come from hemp plants.
“Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant,” the FDA’s website says. “As a result, concentrated amounts of delta 8 THC are typically manufactured from hemp-derived cannabidiol (CBD).”
What’s the difference between delta 8 and delta 9?
Delta 8 and delta 9 products are very similar in that when they are smoked or otherwise consumed, they give a milder and not as long-lasting version of the psychoactive effects that marijuana does.
The two main differences between delta 8 and delta 9 THC products are potency and regulations. Many delta 8 product manufacturers don’t follow specific regulations, like making sure the product doesn’t have anything that isn’t stated on the label. Delta 9 products are more closely regulated in states where legalization has led to specific rules on the makeup and selling of THC products. Delta 9 products are also slightly more potent than delta 8.
Basically, even the plant delta 8 products come from are extracted and synthesized from CBD; whereas delta 9 can be consumed in its plant form without being extracted.
“Delta 9 THC can be smoked or vaporized in flower (bud) form without requiring extraction, although edibles, topicals and other preparations do require an extraction process,” according to Forbes Health.
“On the other hand, nearly all delta 8 THC products are synthesized, extracted and purified from cannabis-sourced CBD.”
