Hemp-derived products (like CBD tinctures, gummies, topical creams, and some hemp vapes) are generally legal when they meet Florida’s hemp-extract requirements. Marijuana products (THC-rich cannabis) are treated very differently: Florida remains a medical-only marijuana state, meaning legal access typically requires a qualifying medical marijuana patient card and purchases from licensed medical dispensaries.

What Florida considers “hemp” (and why it matters)

Florida law defines hemp as cannabis material that stays at or below 0.3% total delta-9 THC (measured on a dry-weight basis, with specific rules for hemp extract). Hemp-derived cannabinoids (including cannabidiol/CBD) are not treated as controlled substances if they comply with Florida’s hemp statute.

That’s the key dividing line consumers should understand: hemp products must stay under the legal THC threshold and meet specific packaging and testing rules, while marijuana products sold through Florida’s medical system are allowed to contain much higher THC levels but are tightly regulated and restricted to authorized patients.

The “must-have” compliance items for hemp extract products

For hemp extract products sold in Fort Myers (and statewide), Florida requires safeguards designed to reduce mislabeled or unsafe products:

• Certificate of Analysis (COA): A product must have a COA from an independent testing lab verifying, among other things, that the batch’s total delta-9 THC does not exceed 0.3% and that it does not contain unsafe contaminants.
• QR code / scannable link: Packaging must include a scannable barcode or QR code that links to the COA, along with the batch number, expiration date, and labeled cannabinoid content per serving.
• Child-protection packaging and marketing: Products must not be marketed in a way that is attractive to children, and Florida law allows stop-sale actions for items that fail child-safety or labeling standards.
• Age restriction: Hemp extract products intended for ingestion or inhalation may not be sold to anyone under the age of 21 in Florida.

In practice, Fort Myers-area retailers may be inspected by state or local authorities, and enforcement actions have occurred across Southwest Florida when hemp products do not meet labeling, testing, or safety requirements.

How this compares to marijuana in Florida

Medical marijuana is regulated under a separate framework administered by the Florida Department of Health. To legally purchase marijuana, an individual must be a qualified patient listed in the state’s medical marijuana registry and hold a valid patient identification card. All legal marijuana sales must take place through licensed medical marijuana treatment centers, commonly known as dispensaries.

Florida also imposes strict purchase and possession limits within the medical system, including supply caps and specific limits on smokable marijuana. These controls do not apply to compliant hemp products sold at general retail locations, which is one reason consumers often confuse the two categories.

Consumer takeaway for Fort Myers

For consumers in Fort Myers, hemp-derived products are primarily a compliance-based purchase. Shoppers should look for proper labeling, a scannable QR code linking to lab results, and confirmation that the product meets Florida’s age and safety requirements. Marijuana products, by contrast, remain a medical-access product in Florida, legally available only to registered patients through the state’s medical marijuana program.