We take a look at the brand new medical marijuana program in Alabama and how CBD could help to fill the gap while it gets up and running. 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.
CBD Oil in Alabama [2022 Updated Guide]
For cannabis and hemp users across the United States, these plants’ laws are often confusing. We know that marijuana is federally illegal. However, MMJ is legal in a significant majority of states.
CBD isn’t legal federally, but industrial hemp with a maximum THC content of 0.3% by dry weight is. One would expect that CBD oil is easy and legal to purchase in medical marijuana states. Yet even this isn’t always the case as few states have dedicated CBD laws.
The guides we create at WayofLeaf are designed to help you understand the laws of each state. Today, we look at the legality of CBD oil in Alabama, investigate the state’s marijuana laws, and outline the best places to purchase cannabidiol in the Yellowhammer State.
Is CBD Oil Legal in Alabama?
CBD is broadly tolerated in Alabama, and it is one of the few states that has created specific rules revolving around the substance. In July 2019, Governor Kay Ivey signed SB 225 into law. It rescheduled and redefined CBD to align with federal rules. This legislation enabled pharmacies in Alabama to sell CBD products.
In 2019, inspired by its medical potential and public pressure, Alabama legalized CBD products.
Before the bill was signed, it was illegal for pharmacies to sell CBD products, although quick marts and gas stations sold them. This decision came hot on the heels of the 2018 Farm Bill, which legalized industrial hemp cultivation in the United States as long as it contains a maximum of 0.3% THC.
SB 225 came five years after the first piece of legislation that allowed limited usage of cannabidiol in Alabama.
Carly’s Law in Alabama
Governor Robert Bentley signed the first bill that permitted CBD oil in Alabama in April 2014. Known as Carly’s Law, it allowed the University of Alabama to provide non-intoxicating CBD oil to children with debilitating seizures as part of a clinical study. The legislation enabled individuals or caregivers to use affirmative defense if caught in possession of CBD oil containing up to 3% THC.
The bill was named after Carly Chandler, a little girl from the Birmingham region who has a rare genetic disorder that causes a high frequency of daily seizures. Carly’s Law was renewed in 2019.
Leni’s Law in Alabama
In May 2016, Governor Bentley signed Leni’s Law. It was named in honor of Leni Young, a young girl who used CBD and saw an enormous reduction in seizure frequency. However, the state still restricted access to cannabinoids at the time, and patients required a doctor’s recommendation to access CBD.
Does CBD really work?…
However, it did expand the affirmative defense permitted under Carly’s Law to include anyone with a debilitating disease or medical condition involving seizures. Leni’s Law also capped the legal THC content of CBD products for patients at 3%.
Steps Towards CBD Tolerance
The above laws were small but significant steps towards CBD and hemp acceptance in Alabama.
In 2016, the state legislature passed the Alabama Industrial Hemp Research Program Act. It decreed that the Alabama Department of Agriculture and Industries (ADAI) had to create a licensing and inspection program for industrial hemp cultivation. The ADAI developed regulations by September 2018, which effectively permitted CBD products with a maximum of 0.3% THC by dry weight.
Within months, the 2018 Farm Bill formally legalized the growth of hemp with no more than 0.3% THC. Soon enough, the state’s Attorney General, Steve Marshall, made an important announcement. He affirmed that CBD products sold by licensed vendors with a maximum of 0.3% THC by dry weight were legal in Alabama.
SB 225 has all but ended the debate on CBD legality in Alabama. You are free to purchase products containing cannabidiol from pharmacies in the state if you’re aged 18+. However, there are plenty of other vendors offering high-quality CBD in Alabama, both online and offline.
How to Buy CBD Oil in Alabama?
There seem to be no limits on the amount of hemp-derived CBD oil you can buy as an adult in Alabama. It is possible to purchase CBD oil from dedicated stores, along with wellness and health food stores. Here are five such locations with excellent reputations.
Name of Store
152 W Valley Ave, Birmingham, AL 35209
2082 AL-14, Prattville, AL 36066
3457 Malcolm Dr, Montgomery, AL 36116
1452 Opelika Rd Ste B, Auburn, AL 36830
Tiger Vapor of Montgomery
7857 Vaughn Rd, Montgomery, AL 36116
Where Can I Buy CBD Oil in Alabama Online?
If you want convenience, a greater range of CBD products, and potentially better value for money, you can shop online through a brand’s official website. Most CBD companies find that they have little difficulty sending CBD to Alabama. No matter what product you buy, make sure it includes third-party lab reports.
Here are five of the top-rated CBD brands in the United States that ship products to Alabama:
What Are the Marijuana Laws in Alabama?
Governor Kay Ivey signed Senate Bill 46 into law in May 2021. It permits the use of marijuana with a doctor’s recommendation for a select group of qualifying medical conditions. It is only possible to use MMJ if a physician certifies that traditional medications have failed to help your condition. The bill does not permit the sale or use of food products such as candies or cookies.
Know exactly what’s involved…
Cannabis Penalties in Alabama
It is almost certain that Alabama MMJ patients can’t buy the substance before 2023. Therefore, the existing penalties for cannabis use in Alabama will apply until then.
At present, possessing any amount of marijuana in Alabama is a misdemeanor. You could receive up to one year in prison and a $6,000 fine for being caught with one gram! If you have weed for anything other than personal use, it is a Class C Felony. This means a mandatory minimum of one year and one day in prison with a fine of up to $15,000. The maximum sentence is ten years.
The sale of any amount is a felony with a mandatory minimum of two years, increasing to 20 years. The sale of cannabis by someone aged 18+ to a minor could result in 10 years to life in jail. Also, the cultivation of any amount is classified as Manufacture Second Degree and comes with a mandatory minimum prison term of two years, possibly rising to two decades!
Currently, there are penalties for cannabis use in Alabama. Sale is a felony, and cultivation can also warrant hefty prison sentences.
If you live in Brookside, please be warned that at present, law enforcement is enforcing marijuana laws more strictly than virtually anywhere else in the state. Police in the town regularly file charges for low-level possession.
In March 2021, an Alabama Senate Committee approved a bill to decriminalize cannabis possession. The proposal would ensure that the possession of up to two ounces is a simple violation. The offense would result in a fine of up to $250.
The bill also provides that an individual convicted of possession could ask the courts to expunge their conviction. The court can grant it if the individual has no other violations, misdemeanors, or felonies in the previous five years.
Final Thoughts on CBD Oil in Alabama
The state of Alabama has yet to decriminalize marijuana officially. However, it recently passed a medical marijuana bill into law. Eligible patients will have the chance to apply for an MMJ card in late 2022 but must wait until 2023 to purchase weed legally. Until then, the current laws and penalties remain in place.
If you’re caught in possession of a tiny amount of marijuana, you could go to prison. However, it seems likely that the state will introduce decriminalization sooner rather than later.
As for CBD oil, it is now legal to purchase in Alabama if it comes from hemp and contains a maximum of 0.3% THC. Alabama residents have a wide variety of options, as there don’t seem to be many CBD product restrictions.
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.