“Hemp” isn’t a loophole so much as a separate lane of cannabis law—created by federal policy and then tightened by Florida’s own regulations. The confusion comes from the fact that hemp and marijuana can look and smell the same, yet they can be treated very differently under the law.

At the federal level, the 2018 Farm Bill carved “hemp” out from marijuana by defining hemp as cannabis (and its derivatives) containing no more than 0.3% delta-9 THC on a dry-weight basis—meaning hemp is no longer treated as a controlled substance under the federal Controlled Substances Act if it meets that definition.

Florida mirrors that distinction through its State Hemp Program, administered by the Florida Department of Agriculture and Consumer Services (FDACS). Florida law defines hemp broadly (plant material, extracts, cannabinoids, and derivatives) but keeps the same central line: no more than 0.3% delta-9 THC, with additional measurement rules for hemp extracts.

So is hemp “allowed” in Naples? Yes—if it’s compliant hemp. That includes many CBD tinctures, topicals, and certain ingestible products sold at retail, provided they follow Florida’s packaging, labeling, and testing requirements. Florida statute requires hemp extract products sold in the state to include key disclosures and batch information, such as a scannable QR code linked to a certificate of analysis (COA) from an independent testing laboratory verifying cannabinoid content and the absence of harmful contaminants.

Florida has also taken steps to regulate hemp products more closely as adult-use items rather than casual wellness supplements. Under current state law, hemp extract products intended for ingestion or inhalation may not be sold to anyone under the age of 21. State regulators have repeatedly emphasized consumer-protection rules, including age restrictions, truth-in-labeling requirements, and enforcement actions against improperly labeled or misleading products.

Where Naples residents and visitors most often run into trouble is assuming that “hemp” automatically means “legal cannabis.” In Florida, medical marijuana is governed under an entirely separate framework, requiring patient certification and purchase through licensed medical marijuana treatment centers. Cannabis that does not meet the legal definition of hemp—and is not lawfully obtained medical marijuana—remains illegal under state law.

Under Florida statutes, possession of 20 grams or less of marijuana is a first-degree misdemeanor, carrying potential criminal penalties even if the individual believed the product was hemp. Because hemp flower and marijuana flower can be visually indistinguishable, law enforcement scrutiny often centers on testing, documentation, and product compliance.

In practice, hemp’s role in Naples marijuana enforcement is straightforward but unforgiving: compliant hemp products are legal to sell and possess, but anything outside those narrow definitions can trigger marijuana enforcement. For consumers in Naples—especially in a city with strict cannabis norms—the safest approach is to purchase from reputable retailers, verify testing information, and never assume a cannabis-derived product is lawful simply because it is marketed as “hemp.”