Is Delta 8 THC Legal in Alabama?

Legality of buying Delta 8 THC in Alabama

View all Delta 8 THC Legal States Information

We look at what the law says about the legality of buying, selling and using Delta-8 THC in the State of Alabama.

 

Yes, Delta 8 THC is legal in the State of Alabama.

Delta-8 THC is legal according to the state law of Alabama. Similar to the federal law on Delta-8, Alabama legalized all industrial hemp derivatives, including all tetrahydrocannabinols (except Delta 9 THC).

Current Alabama Delta-8 Legislation

Let's take a look at the current legislation involving Delta-8 THC and industrial hemp, in general.

HB2

On 4/29/2021, a new bill sponsored by Representatives Holmes and Allen passed both chambers and has been delivered to the governor for signing into law.  In this new bill, it broadens the state's view of Tetrahydrocannabinols.  Instead of specifically monitoring the  Delta-9-tetrahydrocannabinol levels, it generalizes (all) Tetrahydrocannabinols "except for tetrahydrocannabinols in hemp".

Alabama Code Title 2. Agriculture § 2-8-381

(4) Industrial hemp.  All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain 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.

With this piece of legislation, legislators are specifying "all parts and varieties of the plant" which includes isomers of hemp, such as Delta-8 THC, salts of isomers, and more as legal under state law-- as long as the "delta-9 tetrahydrocannabinol concentration" (Delta 9 THC) does not exceed .3%.

The new chapter to promote and regulate industrial hemp in Alabama has been in place since 2018, but the Ala. Code § 2-8-381 Act dates even further to 2016. This Act became effective 8/1/2016, was amended in 2019 and remains current through the 2021 regular session.

In gist, the Alabama Legislature has made it quite clear that Delta-8 THC is considered a part of the legal hemp plant which is protected by the Ala. Code § 2-8-381 Act throughout the 2021 year, and possibly beyond.

Alabama Industrial Hemp Act

Alabama's Industrial Hemp Act is administered by the Alabama Department of Agriculture and the new rule became operative November 1, 2020.

In 80-10-21-.02 (1) of the industrial hemp act, they define acceptable THC levels as the following:

"Acceptable hemp THC Level” means, for the purpose of compliance with the requirements of a State hemp plan under the USDA rules, when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less. This definition of “acceptable hemp THC level” affects neither the statutory definition of hemp, 7 U.S.C. §16390(1), in the 2018 Farm Bill nor the definition of “marihuana,” 21 U.S.C. §802(16), in the CSA.

Further in section 80-10-21-.02 (11), the act states:

"delta-9-THC" means total delta-9-tetrahydrocannabinol concentration (the primary intoxicating or psychoactive component of cannabis) which includes the measurement of uncertainty applicable to the definition of “acceptable hemp THC level”.

In section 80-10-21-.02 (19), they further explain:

"Hemp" or "industrial hemp" is 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, whether growing or not, with a total 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."

And regarding Delta-8 THC, we can refer to the act (in 80-10-21-.02 (20)) where it states:

"Hemp product" or "industrial hemp product" is products derived from, or made by, processing industrial hemp plants or plant parts."

To recap, Delta-8 is a hemp product made from the isomers of the industrial hemp plant which may contain delta-9 THC (at the acceptable limits), though is totally legal under Alabama State Law!

List of controlled substances

Now let's compare this with the controlled substances listed for the State of Alabama.

Of course, hallucinogenic substances are on the list of controlled substances for the state, but THC didn't show up at all in the list. "Marihuana" did show up on the list, which is defined as:

Marihuana Extract. Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant...

Since Delta-8 THC is technically considered a cannabinoid, this may concern many-- but have no fear.  When we trace it back to the original AL Code § 20-2-2 (2016) Act, where it states:

(14) MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include industrial hemp as defined in Article 11 of Chapter 8 of Title 2.

The Article 11 of Chapter 8 of Title 2 definition of marijuana is:

HEMP PRODUCTS: Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties. See Alabama Code 2-8-381

And Alabama Code 2-8-381 is what we were referencing in the legislation section (above) regarding Delta-8 THC (and other cannabinoids) being legal in Alabama.

Buying and Shipping Delta 8 in Alabama

Since Delta 8 THC is federally legal and legal in the state, hemp-derived products such as D8 are frequently bought and shipped in Alabama. As long as the mailing address is located in Alabama, and considering the product doesn't exceed the .3% delta-9 THC limit, there is nothing wrong with buying Delta 8 online in Alabama.

Advocacy Groups in Alabama Supporting Delta 8 and Hemp Laws

Alabamans are exceptionally supportive of Delta-8 and advocating for hemp, in general. Below are some of the standout advocacy groups:

If you see a cause you can stand behind, whether it be advocating for hemp or for the federal legalization of marijuana, consider joining!

News stories covering raids or busts on Delta 8 Products and stores in Alabama

Since 2018, there have been concerns of CBD store owners wrongfully arrested in Shelby County, CBD sale crackdowns in Colbert and Lauderdale Counties, and other related incidents involving questionable raids and busts across the state. Law enforcement officers are becoming more educated as our community evolves and laws change, so to give you a better idea for what is happening in the state, we want to share some of the latest news updates to keep you informed.

This page is updated regularly. If you'd like to send your news story involving the legalities of THC products in Alabama, feel free to contact us and submit your story for updating this page!  

2/26/2021:

Past Marijuana Use Is No Longer a Disqualifier for a Federal Job

2/25/2021:

Alabama hemp industry still growing strong

2/3/2021:

Alabama Senate Committee Approves Medical Marijuana Legalization Bill