Is delta-8 legal in Alabama? The state may be one of the last holdouts for recreational marijuana, but when it’s hemp-derived, it's a different story altogether. Thanks to changes in federal and state regulation over the last five years, delta-8 THC is legal in Alabama, whether it is in a vape, gummy, or tincture format.
But, of course, there is a bit more to know about the legal status of hemp and hemp-derived cannabinoids in the state. Here, we unpack all there is to know about hemp and delta-8 in Sweet Home Alabama.
The Legal Status of Delta-8 in Alabama
Here is the good news: Delta-8 THC is legal in Alabama to buy and enjoy, provided it's derived entirely from hemp and each product has no more than 0.3% delta-9 THC on a dry weight basis.
Whether you find a delta-8 product in a local store or source more diverse options online through the Hometown Hero shop, all hemp goodies are legal, provided they follow a few state-specific rules.
How Is Delta-8 Legal in Alabama?
The legalization of delta-8 in Alabama happened in two acts. The first act began at the federal level when the Farm Bill passed in 2018. This bill removed hemp from the Controlled Substances Act. It also legally defined the plant as any part of cannabis, including the derivatives, extracts, and cannabinoids, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
With hemp legalized at the federal level, the second act kicked off at the state level. In Alabama, that meant aligning the Code of Alabama (1975) with the new parameters outlined in the federal Farm Bill. Specifically, this required amending the Code (Section 2-8-38) to permit hemp derivatives and products, including edibles, vapes, and tincture.
For the record, Alabama now defines hemp as follows:
“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.”
As a reminder, in Alabama, recreational marijuana remains illegal. Marijuana covers any cannabis plants with over 0.3 THC on a dry weight basis.
Can you Buy Delta-8 Products in Alabama?
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