July 17, 2025

Delta-8 THC in Alabama: Is it Legal?

Is delta-8 legal in Alabama? The short answer is yes, but as of July 1, 2025, the legality of hemp-derived THC in Alabama is now much more complicated. Non‑smokable, hemp‑derived Delta‑8 products that follow strict regulations may remain legal, while smokable forms are fully banned (and can incur felony charges).

Here, we unpack all there is to know about the new laws regarding hemp and delta-8 in Sweet Home Alabama.

The Legal Status of Delta-8 in Alabama in 2025

Here is the good news: in 2025, Delta-8 THC is still 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. But thanks to HB 445, there are a few more strings attached.

What Changed?

In May 2025, Governor Kay Ivey signed House Bill 445, a law that places strict regulations on hemp-derived products, including Delta-8 THC, Delta-10, and other intoxicating cannabinoids. These changes officially took effect on July 1, 2025, and they reshape what’s legal and what’s not in Alabama.

Under the new law, Delta-8 THC remains legal in Alabama only in non-smokable formats (such as gummies, tinctures, and beverages), and only if the product meets strict state regulations. Here’s what’s allowed:

Must be derived from hemp and contain no more than 0.3% Delta-9 THC on a dry-weight basis
No more than 10mg THC per serving and 40mg THC per container
Sold only by licensed retailers and distributors
Products must have child-resistant packaging, undergo third-party testing, and include specific labeling
Only available to adults 21 and older
Online, delivery, and vending machine sales are prohibited
A 10% excise tax is applied to all hemp-derived THC products

What's Illegal?

House Bill 445 bans smokable hemp products entirely. This includes:
Vapes or cartridges containing Delta-8, Delta-10, or HHC
Hemp flower or pre-rolls, even if they test within the legal Delta-9 THC limit

Possession, sale, or distribution of smokable hemp products is now considered a Class C felony, carrying potentially serious legal consequences.

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, drinks, and tinctures.

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 plant with over 0.3% THC on a dry weight basis. .

Can you buy Delta-8 Products in Alabama?

If you want to buy delta-8 THC in Alabama, you must keep a few things in mind. First, for any psychoactive and non-psychoactive hemp-derived products, you must be 21 years and older to purchase and enjoy. Hemp-derived products are illegal in Alabama for minors.

In a similar vein, Alabama also mandates that all hemp-derived goods, like delta-8 gummies, must be in childproof packaging for obvious reasons.

We recommend you purchase your Delta-8 and other hemp-derived products from a licensed hemp store near you.

What Is Delta-8 THC?

Delta-8 THC is a naturally occurring psychoactive cannabinoid found in trace amounts in hemp and marijuana plants. It is very similar to the more common delta-9 THC, with the only structural difference being the location of a double bond. The double bond is to the eighth carbon atom on the molecule rather than the ninth, which is why they are called delta-8 and delta-9, respectively.

Because delta-8 exists in trace amounts in hemp, the majority of products available today are usually created in a process using CBD extracted from hemp. Cannabidiol, of course, is extremely prevalent in hemp plants, which means delta-8 can be easily and readily made.

Both delta-8 and delta-9 interact with the endocannabinoid system for very similar effects. Likely not a surprise, considering their molecular similarity.

But there are still noticeable differences. Most people find that delta-8 has a milder euphoric effect than delta-9. The consensus is that delta-8's effects are about half as intense. Just keep in mind, everyone has a different relationship to THC-type cannabinoids. Always start with a small serving with gradual increases as you slowly familiarize yourself with the effects.

Safety of Delta-8 THC

Speaking of starting low and going slow, this is the golden rule when it comes to THC safety. If you are trying out new products, particularly those with euphoric and other psychoactive effects, always take it slow. Even if you know and love other cannabinoids, get to know each new one with a careful approach and a small initial serving.

The other safety consideration for trying delta-8 is to stick with reputable brands that adhere to strict quality standards, test every batch they make, and post those tests publicly..

Buying Legal Delta-8 in Alabama

If you take only one morsel of information from this article, let it be this: It's legal to buy and enjoy delta-8 THC in Alabama. Thanks to the 2018 Farm Bill and changes to the Code of Alabama, Alabamians now have legal access to the hemp-derived experience. Just be prepared to do some due diligence as you shop.

SEE ALSO >>> Is Delta-9 Legal in Alabama?

Happy exploring, and until next time, Mind your Mind.

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