July 17, 2025

Is Delta-9 Legal in Alabama?

Yes, hemp-derived Delta-9 THC is legal in Alabama, but with important limitations following recent changes to state law.

Under the 2018 Farm Bill, hemp-derived cannabinoids are federally legal as long as the product contains no more than 0.3% Delta-9 THC by dry weight. Alabama previously adopted this definition, allowing for products like hemp-derived Delta-9 edibles to be sold and consumed in the state.

However, as of July 1, 2025, House Bill 445 introduced new regulations around the sale and use of hemp-derived THC products in Alabama. Here’s what you need to know:

The Legal Status of Delta-9 in Alabama in 2025

Now that HB445 is in effect, Delta-9 THC products are still legal in Alabama if they meet all of the following conditions:

Derived from hemp and contain no more than 0.3% Delta-9 THC by dry weight
Sold only in non-smokable forms such as gummies, tinctures, beverages, or topicals
Each serving contains no more than 10mg of THC
Each package contains no more than 40mg of THC

Products must:

Be sold only to adults 21 or older
Include third-party lab testing
Be sold in child-resistant packaging
Have clear labeling, including batch numbers and QR codes
Must be sold through licensed retailers within Alabama
Subject to a 10% excise tax
Online sales, deliveries, and mail orders are prohibited

What’s Not Allowed?

The following types of Delta-9 THC products are now banned in Alabama, even if hemp-derived and within the 0.3% limit:

Vapes
Cartridges
Smokable flower or pre-rolls
Any inhalable product

Possessing or selling these smokable hemp products is now classified as a Class C felony in Alabama.

Additionally, hemp-derived Delta-9 THC products cannot be purchased online or delivered to consumers in the state. All sales must occur in person at a licensed retail location.

Is Marijuana-Derived Delta-9 Legal in Alabama?

No. Delta-9 THC derived from marijuana (cannabis plants with more than 0.3% Delta-9 THC) remains illegal for recreational use in Alabama. A medical cannabis program was signed into law in 2021, but it has not yet been implemented and currently offers no legal access to marijuana-derived Delta-9 products.

How Is Delta-9 Legal in Alabama?

Considering Alabama is one of the few remaining states that still prohibit marijuana (defined as products with over 0.3 percent THC), how is it that delta-9 is legal in the state?

It all started with the passage of the federal 2018 Farm Bill. This bill removed hemp and hemp derivatives like CBD, delta-9, delta-8, and others, from the Controlled Substances Act (CSA). This legislative upgrade established a foundation for the enjoyment of hemp products nationwide.

The Farm Bill was also responsible for writing the legal definition of hemp vs. marijuana. Although both plants are botanically cannabis, from a legal standpoint, hemp must contain less than 0.3% THC by dry weight. Marijuana is everything over this threshold. Although delta-9 is something historically associated with marijuana-type plants, hemp-derived delta-9 delivers the same effects, just in a fully compliant format.

But on with Alabama's delta-9 story. With the passage of the 2018 Farm Bill, Alabama regulators were then tasked with tackling the state's hemp regulations to align with the new federal rules.

This meant state regulators opened the Code of Alabama for review. By 2019, they had established a new framework for hemp, and legislators passed SB 225. They descheduled hemp-derived THC and specifically modified AL Code 2-8-381 to establish a regulatory framework.

Officially, here is what Section 2-8-381 now states:

"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."

Can You Buy Delta-9 Products in Alabama?

Delta-9 THC remains legal in Alabama only in hemp-derived, non-smokable forms, and only if products follow all new guidelines set forth in House Bill 445. While Delta-9 edibles such as gummies can still be sold and enjoyed, smokable and inhalable products—including vapes and flower—are now fully prohibited.

For the most up-to-date access to compliant Delta-9 THC, check with licensed in-state retailers.

SEE ALSO >>> Delta-8 THC in Alabama: Is it Legal?

What Is Delta-9 THC?

Delta-9 THC is the superstar compound produced by cannabis plants (including hemp types) that creates euphoric, relaxing, and dream-like effects.

Like other cannabinoids, delta-9 THC interacts with the body's endocannabinoid system, impacting both cannabinoid receptors, most notably the CB1 receptors concentrated in the brain. Like a hand fitting into a glove, when the THC molecule fits into the CB1 receptor, it creates the pleasant altered sensory perception, relief, and uplifted mood we have all come to love.

But, for those unfamiliar with the effects of delta-9 or who have returned for that second serving too soon, there is a risk of overwhelming sensory effects. So, it's always recommended to start with a low serving size and increase gradually, once you know what to expect.

Also, because delta-9 is known to produce sleepy effects for some people and at some serving sizes, you'll want to avoid driving or operating heavy machinery after enjoying any.

Buying Legal Delta-9 in Alabama

man holding a hometown hero delta-9 gummy in his hand

Where can you buy Delta-9 THC if you live in Alabama? You can find compliant products at a licensed CBD store near you.

Until next time, happy exploring, and Mind your Mind.

The information provided on this website does not, and is not intended to, constitute legal advice or reliable statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to cause you to buy or not buy any of our products. The laws are different state to state and are constantly evolving. Information on this website may not constitute the most up-to-date legal or other information. Please consult an attorney where you live or are shipping to for verification the legal status of products on this website. Click here for our Legal Disclaimer.

FDA Disclaimer: The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.