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Let’s Talk Delta-8 State Legality: Alabama

Let’s Talk Delta-8 State Legality: Alabama

Alabama is a state that is facing a turning point following a legal tussle over Delta-8 THC. The conservative state has a long history of standing still when progress is being made elsewhere, especially regarding “the war on drugs.” I’ve been looking forward to checking the legalities in Alabama because my father was born and partially raised there. There are reasons that we are all aware of, but guess what? This may sound shocking, but Delta-8 THC is legal in the state of Alabama, so is Medical Marijuana. But here’s the catch, there have been several attempts to ban it already, it’s only succeeded for a brief amount of time.

As soon as 2021 hit, the Alabama Senate attempted to go for the jugular by submitting “House Bill 2,” written by Arthur Orr. Creative names for these bills may not be their forte, but they knew what they were doing by putting the drug known as “Tianeptine and related compounds.” Those related compounds include Delta-8 THC and Delta-10 THC. Tianeptine which has been called “gas station dope,” was at the forefront. The Alabama Senates’ goal was to make Tianptine a schedule II drug. The issue wasn’t that Tianeptine was being banned from Alabama. There have been claims that Tianeptine has similar effects to opioids.

“Elliott says he became aware of the drug because some drug court participants were acting as if they were high but passing drug tests. That led him to discover they were using Tianeptine.”

WAFF 48, Madison Scarpino of WAFF

The problem was that Delta-8 and Delta-10 were being added into a new category just for cannabinoids within the state. Clearly, they saw an opportunity to restrict the entire industry, and they threw it into the bill. And when you present a bill called “House Bill 2,” it’s more than likely that people won’t read the fine print. If Republican Governor Kay Ivey had read the fine print for the federal approval, then she would have read the following:

“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 or otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, that contain with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” – Senate Bill 225, Section 12-19

It’s a little complicated of a read, but that’s what it says. When Alabama politicians noticed that people were getting high, they lumped Delta-8 THC and Delta-10 THC into the same group as opioids.
Yeah, there’s quite a massive difference. It may be that there are not a ton of ways to be sure that Delta-8 flower isn’t Delta-9 THC. Thankfully, there was a “gotcha” moment when the House Health Committee sent the bill back to them. Despite their best efforts, the Federal Farm Bill of 2018 was already put into place, a proper instance of justice.

As of right now, medical Marijuana, Delta-8, Delta-10, and other rare cannabinoids are legal in Alabama. Delta-8 can be purchased, sold, and moved freely through the state. It remains that any hemp-derived products have a threshold of 0.3% of Delta-9 THC; if it goes above that, then by law, it’s considered to be marijuana. You can even travel with it (stored) while screaming “Sweet Home Alabama,” even though Lynyrd Skynard has way better songs.