Based on federal laws, Alabama consumers 18 years and above are allowed to buy CBD oil (cannabidiol) and other CBD products that comply with the 2018 Farm Bill. Can you buy delta-8 THC products if you live in Alabama? Discover everything you need to know about delta-8’s legal status in AL.
Is CBD Legal in Alabama? – August 2022
Hemp-based CBD products are only legal to a federal degree in Alabama . Historically, hemp, marijuana, and other cannabis varieties were categorized under Schedule I drugs of the 1970 Federal Controlled Substances Act (4) .
The law defined Schedule I drugs as substances or chemicals that have a high potential for abuse, have no accepted medical use as a treatment in the US, and lack guaranteed safety even when they are used under medical supervision.
The law at the federal level mainly targeted marijuana, although cannabis as a whole was affected. Eventually , congress removed cannabis from the Schedule I list .
Congress legalized hemp cultivation in 2018 through the Farm Bill (5) . This law differentiated hemp from marijuana, defining the former as cannabis with less than 0.30% of THC concentration by weight, while the latter has more than the acceptable amount.
With new definitions, CBD derived from hemp plants was removed from Schedule I. Still, marijuana-derived CBD remain s illegal due to the high concentration of the psychoactive THC .
Currently, hemp cultivators are allowed to produce and sell the agricultural commodity under specified federal conditions, which c ongress has yet to finalize (6) .
The 2018 Farm Bill passage also allowed the US Food and Drug Administration ( FDA ) to regulate CBD’s circulation in the market.
Although the FDA continues to reevaluate its stance on CBD products , companies cannot market CBD products as dietary supplements or make any claims regarding CBD’s health benefits (7) .
The FDA has previously issued memorandums warning companies that made unproven claims about CBD as a treatment for medical conditions (8) . Companies in the CBD industry now include disclaimers on their websites, clarifying that CBD is not medicine.
Alabama CBD Laws
Shortly after the 2018 Farm Bill ’s passage, the office of Alabama Attorney General Steve Marshall issued a public notice affirming the legality of CBD products with less than 0.3 0 % of THC content by weight and are distributed through licensed vendors only (9) .
He emphasized that consumers must exercise caution when purchasing CBD products , since the state of Alabama still needs to draft the specific labeling and testing of such cannabis products .
The following laws are related to the legalization of CBD in the state of Alabama :
Carly’s Law (SB 174)
Former Alabama Governor Robert Bentley signed Carly’s Law or Senate Bill 174 on April 1, 2014 (10) . This restrictive law granted protection to individuals who use CBD products for debilitating epilepsy and seizures under certain conditions .
Patients can possess and use CBD products , granted they receive a prescription solely from the University of Alabama – Birmingham . However, “p rescription” can be confusing since doctors can only recommend medical marijuana where state laws permit its use .
Leni’s Law (HB 61)
On May 4, 2016, Bentley signed Leni’s Law or House Bill 61 (11) . N amed after Leni Young, who successfully treated seizures through the use of CBD , t his law expanded the definition of conditions that qualify as seizure-inducing debilitating conditions.
With this broader definition of seizure-inducing conditions, individuals who need special treatment can use CBD . Still, public access to CBD remain ed restrictive as the only FDA -approved CBD treatment for childhood epilepsy is Epidiolex.
2016 Alabama Industrial Hemp Research Program Act
This law tasked the Alabama Department of Agriculture and Industries (ADAI) to conduct a licensing and inspection program for industrial hemp production (12) .
It also highlighted that industrial hemp comes from Cannabis sativa L., the same source of marijuana. However, hemp contains trace amounts of THC only .
Senate Bill 225
Governor Kay Ivey signed SB 225 in June 2019 (13) . This law allowed Alabama pharmacies to redistribute CBD products .
T he Alabama Industrial Hemp Research Program requires applicants who want to grow, process, or handle hemp in Alabama to pay an application fee of $200. Upon licensure, they should pay a participation fee of $1,000 .
Through Kelly Registration Solutions, individuals who apply online may receive a $50 discount on fees.
More information is available at the official Alabama Hemp Program website:
The ADAI requires companies selling CBD products to regularly submit third-party lab results , confirming that their products contain less than 0.3 0 % THC concentration . Companies should shoulder the testing fees.
Buying CBD Legally
B efore buying CBD oil in Alabama , c ustomers must be wary of products that use marketing terms like “100% organic” or “pure CBD oil ” without clear proof.
They should inspect the product label to see if the company provided the amount of CBD per serving, net weight, manufacturer’s name, batch number or code, list of ingredients, suggested usage, and type of CBD.
Consumers should also look up a CBD brand before purchasing its products. A credible brand features comprehensive lab test results of its products on its website.
Third-party lab results confirm the potency and contents of CBD products . These results typically include cannabinoid and terpene profiles for consumers to see the exact amount of CBD present and compare these findings with what is on the label.
Most lab results also include contaminant profiles that detail whether a brand’s CBD product lacks harmful contaminants , such as pesticides, heavy metals, or solvents.
How to Choose Which CBD Products to Buy
Besides traditional oil tinctures , companies infuse CBD in many products , such as topicals, gummies , edibles , and capsules.
Reliable brands include comprehensive information about their products, helping consumers identify the ideal CBD product they should try.
For example, a company that offers CBD-infused topicals may recommend a salve to relieve chronic pain in athletes or individuals who are generally physically active.
Reliable CBD brands are also transparent with their accreditation and licenses.
Companies with membership to hemp organizations, such as the Alabama Hemp Growers Association, is another factor to consider when gauging a brand’s reliability.
The Better Business Bureau (BBB) also gathers consumer reviews and reports on CBD stores in Alabama (14) . The BBB only accredits credible stores and businesses within a state.
As of November 2020, all BBB accredited CBD stores in Alabama have no consumer complaints (15) .
Where to Buy CBD Products Legally
Customers can typically purchase quality products from health and wellness dispensaries or retailers .
Consumers may also buy CBD online directly through a specific brand’s website.
Some of the highest – rated , BBB – accredited CBD stores in Alabama include the following:
Magic City Organics, LLC
Phone: +1 205-567-0334
CannaBama: The CBD Store
Phone: +1 251-545-8375
American Cannabis Company, Inc.
Phone: +1 251-725-6521
What Is CBD?
CBD is a non-psychoactive cannabinoid or molecule found in cannabis plants .
Most CBD products sold on the market are derived from industrial hemp plants, as hemp has less THC than marijuana.
CBD may be taken in different forms, including tincture oils, topicals, gummies, capsules, and vape juices.
Some studies have found therapeutic benefits in CBD, including anti-anxiety (16) , anti-inflammatory (17) , anti-seizure (18) , and analgesic properties (19) . Still, those who want to take CBD products should consult their doctor.
What Is the Difference Between CBD and THC?
CBD is non-psychoactive, while THC is psychoactive and can get individuals high upon usage.
THC is more abundant in marijuana plants than in hemp plants , making the use of marijuana-based products illegal.
What Are the Different Types of CBD?
CBD come s in different types : full-spectrum, broad-spectrum, and CBD isolates. Before making any purchase, consumers should ensure that the CBD type is explicitly stated on the product labels.
Full-spectrum CBD contains all the components of the hemp plant , including THC . As long as the product contains a THC concentration within the FDA -approved amount, the product is federally legal to purchase and possess.
Broad-spectrum CBD contains most of the components of the hemp plant, except THC .
CBD isolate contains pure cannabidiol only.
Following the 2018 Farm Bill’s passage, CBD purchase is legal in all 50 US states .
The primary qualifying condition for a CBD product ’s legality is that its contents should have less than 0.3 0 percent THC content on a dry weight basis .
Consumers should remember that CBD products are not cure-all medicines. Despite the many studies that link CBD to several health benefits , the US FDA has approved CBD use for epilepsy only.
E ven the Alabama a ttorney g eneral urged consumers to be cautious when purchasing CBD products , as the drafting and revision of laws surrounding hemp are still underway .
*All the information mentioned in this article was retrieved in November 2020. Changes may occur when new information comes in.
Is Delta-8 THC Legal in Alabama?
Delta-8 hangs on in Alabama despite state lawmakers’ attempts to ban it.
Hemp-derived delta-8 THC is legal in Alabama under state and federal law. This means you can purchase, use, possess, sell, distribute, and produce delta-8 in Alabama without fear of penalty or prosecution.
In order for delta-8 to be legal on the state and federal levels, the hemp it’s derived from must carry no more than 0.3% delta-9 THC. Why? Because delta-9 remains an illegal controlled substance under Schedule I of the Controlled Substances Act.
Is delta-8 legal in Alabama?
- Delta-8 is legal to purchase, use, possess, sell, distribute, and produce in Alabama under state and federal law
- In order for delta-8 to be legal, it must be sourced from hemp carrying no more than 0.3% delta-9 THC
- Alabama lawmakers unsuccessfully tried to prohibit delta-8 THC and place it on the state’s own controlled substances list
- You can freely purchase delta-8 products online and in retail stores in Alabama
- CBD and delta-10 THC derived from hemp are also legal and protected under state and federal law
The legislation on delta-8 in Alabama
In 2018, the federal government signed the Agriculture Improvement Act (2018 Farm Bill). It removed hemp and all hemp-derived compounds (excluding delta-9 THC) from the definition of marijuana, which is a schedule I controlled substance.
The signing of the 2018 Farm Bill meant delta-8 and delta-10 THC became legal in all 50 states and Washington DC on the federal level.
Following the enactment of the 2018 Farm Bill, Alabama’s Republican Governor Kay Ivey signed SB. 225, an important piece of legislation amending its own hemp laws in line with federal law. This means hemp, hemp derivatives, and hemp products are legal on the state level, including delta-8 and delta-10 THC.
Alabama Senate vs. delta-8
At the beginning of 2021, delta-8 THC’s future in Alabama didn’t look good. The Alabama Senate passed House Bill 2, a piece of legislation originally seeking to ban tianeptine in the state of Alabama. The Senate Judiciary Committee then added a controversial amendment to the bill that would see delta-8 and delta-10 placed on the state’s own list of controlled substances.
Fortunately, the House Health Committee rejected the amendment, despite the bill’s author, Sen. Arthur Orr, requesting it to be tabled for a later date.
As it stands, delta-8, delta-10, and other THC variants are still legal in Alabama.
Is recreational and medical marijuana legal in Alabama?
Recreational marijuana is strictly prohibited in Alabama.
Medical marijuana is legal for adults and minors with specific qualifying conditions such as AIDS, cancer-related sickness, Crohn’s disease, panic disorder, and PTSD (among others). Medical marijuana patients must obtain a recommendation from a licensed physician. No medical marijuana vapes, foods, or flower are available.
Does this mean delta-8 derived from marijuana is legal in Alabama?
Technically, delta-8 THC naturally present in medical marijuana is protected under state law but with restrictions. However, despite legal medical cannabis, producers are not permitted to create their own delta-8 products from marijuana.
Buying delta-8 in Alabama
Since delta-8 is legal to purchase, sell, and distribute in Alabama, there are a number of licensed online and physical stores selling a wide range of delta-8 products. Most physical stores selling delta-8 are established independent CBD dispensaries, vape stores, head shops, and tobacco shops. Gas stations and convenience stores also sell delta-8 but we recommend avoiding them for your own health and safety.
Which online delta-8 brands ship to Alabama?
Thanks to state and federal legalization of hemp-derived delta-8, there are many vendors in and out of Alabama ready to ship delta-8 products to your address.
Before you go looking for the first online delta-8 vendor on Google, make sure it’s safe, transparent, and legit. We have a comprehensive list of credible, transparent, and safe delta-8 products that have been fully vetted and tested.
If you’re specifically looking for vapes, make sure the lab reports test for pesticides, heavy metals, and vitamin E – many carts have been found to carry unsafe amounts of heavy metals. Check out this list of the best delta-8 carts for options that are safe and clean.
What type of delta-8 is legal in Alabama?
Delta-8 THC derived from Farm Bill compliant hemp that carries no more than 0.3% THC is legal and available in Alabama. If the hemp carries more than 0.3% THC, it’s automatically classified as marijuana, which is a controlled drug on the state and federal levels and illegal to purchase anywhere within the state.
Can you travel to Alabama with delta-8?
Yes. You can travel to Alabama with delta-8 THC in your possession. The state has not banned cross-border travel or transportation of hemp-derived delta-8 products, provided they carry no more than 0.3% THC.
Can I travel to Alabama with marijuana-derived delta-8 THC?
No. You cannot travel to Alabama with marijuana-derived delta-8 products in your possession. Recreational cannabis is illegal and medical cannabis is legal with strict limits on its availability. If you choose to travel into Alabama with marijuana or marijuana-derived delta-8, it’s a crime under state law and the punishment can be severe.
Is delta-10 THC legal in Alabama?
Yes. Just like its delta-8 sibling, delta-10 THC is legal in Alabama. For delta-10 to be legal in the state, it must be derived from hemp plants carrying no more than 0.3% THC.
Is CBD legal in Alabama?
Yes. CBD products are legal to purchase, possess, use, distribute, and produce in Alabama, provided it’s sourced from Farm Bill compliant hemp carrying the legal limit of 0.3% THC by dry weight. CBD sourced from marijuana carrying above the legal 0.3% limit is not permitted under state law unless prescribed by a licensed physician.
Upcoming legislation in Alabama that could change legality of delta-8?
There is no upcoming legislation that could change delta-8’s legality in Alabama, though state lawmakers are still opposed to delta-8 THC’s widespread availability among Alabamian residents. We expect delta-8’s legality to be called back into question at a later date — perhaps even sometime this year.
Is the federal government looking to change delta-8’s legality?
Yes. The federal government and the Drug Enforcement Agency are trying to put a stop to delta-8 and its accessibility across the US.
In mid-2020, the DEA issued an Interim Final Rule (IFR) claiming all “synthetically-derived tetrahydrocannabinols remain schedule I controlled substances”. How does this relate to delta-8? Well, aside from being a “tetrahydrocannabinol”, the way it’s produced might be misconstrued as synthetic.
Because delta-8 isn’t abundant in hemp plants, producers must chemically derive it from CBD via a structural isomerization process. This process takes CBD, changes its molecular structure with chemicals, and converts it to delta-8, all under laboratory conditions.
In the eyes of the DEA, this isomerization process might be considered “synthetically-derived”, placing delta-8 straight on the controlled substances list, thus deeming it federally illegal.
The future for delta-8 in Alabama
To be honest with you, we’re not 100% sure what’s going to happen to delta-8 THC in Alabama. Not only are state lawmakers trying to stop delta-8 products running rampant but they’re also attempting to categorize all tetrahydrocannabinols as controlled substances. Combine this with growing federal pressure to stop delta-8’s legal loopholes and the future doesn’t look all that promising.