Hemp and CBD sit in a “legal but regulated” lane that’s shaped far more by federal and Florida rules than by city-specific cannabis policy. The simplest way to understand it: hemp is federally lawful cannabis as long as it stays under the legal THC threshold, while marijuana remains tightly controlled under Florida’s medical marijuana system.
At the federal level, the 2018 Farm Bill removed “hemp” from the Controlled Substances Act definition of marijuana—so long as it meets the legal definition (cannabis and derivatives with no more than 0.3% THC on a dry-weight basis, using the statute’s THC calculation framework). That distinction is why hemp-derived CBD products can be sold in mainstream retail channels in many places, including Florida.
Florida then adds its own layers. The state runs a hemp program through the Florida Department of Agriculture and Consumer Services (FDACS), with statutory definitions and oversight tied to cultivation and hemp-extract products. On the consumer side, Florida’s regulatory focus has increasingly been product safety and retail compliance—testing expectations, packaging and labeling standards, and permitting requirements for certain hemp food-style businesses under FDACS rules. The state has also made clear that updated hemp rules adopted in 2025 would come with phased-in enforcement timelines rather than immediate penalties.
Where Clearwater can feel “different” isn’t usually about whether CBD is legal to buy—it’s more about where CBD can be used. Clearwater enforces local rules restricting smoking and vaping in city-owned parks and beaches. These ordinances prohibit both smoking and the use of electronic cigarettes in designated public spaces. As a result, CBD vapes and other inhalable hemp products may be lawful to possess, yet still restricted from use in certain public areas within city limits.
Another common point of confusion is CBD’s relationship with the U.S. Food and Drug Administration. While hemp-derived CBD may be lawful under federal and state cannabis definitions, the FDA has consistently stated that CBD is not approved as a dietary supplement or food additive under current federal frameworks. This means businesses can face enforcement for unlawful health claims or improper labeling, even when the underlying hemp material is legal.
Do Clearwater’s hemp and CBD rules differ from other cities or states? At the city level, differences usually show up in public-use rules, zoning, and enforcement priorities, such as smoking and vaping bans. At the state level, differences can be far more significant, particularly around intoxicating hemp derivatives, per-serving THC limits, age restrictions, and whether CBD is allowed in foods or beverages at all. In that sense, Clearwater largely follows Florida’s statewide approach—but consumers traveling outside Florida often encounter a very different hemp and CBD landscape once they cross state lines.