Lots of cannabis enthusiasts who can’t get their hands on Delta-9, their go-to THC product for some recreational fun, are using Delta-8 products. Yet, since several states have legalized Delta-8 THC and others have not, the legal situation is still murky.
You've come to the right place if you're from Alabama and want to confirm Delta-8's legality to avoid any legal issues.
Keep reading to learn more about the legal status of Delta-8 in Alabama.
Related article: What is Delta 8 THC?
Is Delta-8 THC Legal In Alabama?
Yes, Delta-8 THC Legal In Alabama. Industrial hemp and marijuana are both Cannabis sativa species with flower buds that naturally contain Delta-8 THC. Nonetheless, hemp plants are typically used by American manufacturers to extract Delta-8. Hemp-derived Delta 8 is the most common type on the market.
Federal and state laws in Alabama make Delta-8 THC legal as long as it is 100% sourced from the hemp plant. Consequently, if you want to buy, acquire, use, sell, or produce delta-8 products in Alabama, or if you are just visiting, you can do so without worrying about getting caught.
Most crucially, only delta-8 extracts or goods that contain less than 0.3% delta 9 THC are permitted under both state and federal legislation. This is true since delta-9-THC, the primary psychoactive cannabinoid, is listed on Schedule I of the Controlled Substances Act as an unlawful prohibited substance.
People in Alabama are free to buy delta 8 THC products from retail establishments and online. Delta-10 and CBD derived from hemp plants are subject to the same restrictions mentioned for delta-8. It is important to keep in mind that laws and regulations are frequently updated.
The state has made attempts to outlaw delta-8 THC. The Alabama legislature tried in vain to outlaw delta-8 THC and add it to the state's list of restricted narcotics.
Alabama's laws, like those of its southern neighbors, are similar to Delta-8 THC in Florida
or Delta-8 THC Georgia
. Let's see if the state can maintain this momentum!
Delta-8 Legislation in Alabama
The federal government approved the Agricultural Improvement Act in 2018 (2018 Farm Bill). The government excluded hemp and all cannabinoids and compounds produced from hemp from the definition of marijuana in this statute.
All cannabinoids, including Delta-8 THC, Delta-9 THC, Delta 10 THC, and CBD, are now permitted in all 50 states thanks to the Farm Bill. Washington, DC's federal government also gave the law its approval.
The 2018 Farm Bill was approved, and Kay Ivey, the Republican governor of Alabama, then signed SB 225. It is a significant piece of legislation that requires the state of Alabama to alter its hemp laws in accordance with federal law. As a result, hemp, hemp-derived goods, and hemp products are all permitted in every state.
Alabama Senate vs. Delta-8
The outlook for Delta-8 THC in Alabama was terrible at the beginning of 2021. The Alabama Senate approved House Bill 2 this year. It is a piece of legislation that calls on the state of Alabama to outlaw tianeptine, which is an antidepressant drug.
Eventually, House Bill 2 received a contentious amendment from the Senate Judiciary Committee. Delta-8 and Delta-10 THC were to be added to the state's list of restricted narcotics, according to the amendment.
To outlaw products containing Delta-8, according to the Alabama Cannabis Industry Association (ACIA), would be premature. The House Health Committee did not approve the proposal despite Sen. Arthur Orr's request to postpone it until a later time. Hence, THC analogs such as Delta-8 THC, Delta-10 THC, and others are still legal in Alabama.
Is Marijuana Legal for Recreational and Medical Use in Alabama?
Yes, medical marijuana is acceptable for both adults and minors with certain medical conditions. They include cancer-related illnesses, AIDS, Crohn's disease, OTSD, panic disorder, and Crohn's disease. It is strictly prohibited to use marijuana for recreational purposes in Alabama, according to state law.
But, with a doctor's recommendation, individuals are permitted to use medical marijuana. In that regard, the medicinal marijuana sector does not provide patients with edibles, flowers, or vaping products.
Does This Imply that Marijuana-Derived Delta-8 is Permitted in Alabama?
No, legally speaking, the naturally occurring Delta-8 THC, a substance found in medical marijuana, is not illegal. There are certain limitations, though. Despite the fact that medicinal marijuana is permitted, the government forbids businesses from using marijuana to make their branded delta-8 THC goods.
Buying Delta-8 in Alabama
In Alabama, Delta-8 THC is produced, distributed, and bought and sold lawfully. Thankfully, the legalization has given producers the chance to create and market Delta-8 goods. As a result, a variety of authorized online and physical retailers provide a wide selection of Delta-8 THC products, including candies, vapes, and even bath bombs.
Alabama has a large number of independent CBD dispensaries, tobacco shops, head shops, and vape shops that sell Delta-8 THC products. Moreover, delta-8 products are available at gas stations and convenience stores. Although purchasing from them is convenient, we advise against it for your safety and health.
Which Kind of Delta-8 is Permitted in Alabama?
Alabama allows the sale of items with Delta-8 THC generated from hemp. Alabama supports the 2018 Farm Bill; therefore, as long as delta-9 levels are less than 0.3%, hemp goods and hemp derivatives are legal. In Alabama, marijuana is outlawed, and if the hemp plants contain an excessive level of Delta-8 THC, they are finally categorized as marijuana. For example, if you buy Delta 8 capsules and they don’t come from hemp or are over the THC limit, they are considered illegal.
Can You Travel to Alabama with Delta-8?
It is acceptable to bring Delta-8 THC to Alabama. The state's regulations permit the export and import of delta-8 THC goods generated from hemp with a THC content of less than 0.3%.
But be aware that it is against the law to enter Alabama while in possession of Delta-8 goods made from marijuana. While cannabis used for recreational purposes is prohibited, medical cannabis is authorized with strict restrictions on supply. So, you will be subject to a harsh penalty if you are found in Alabama with marijuana or items made from marijuana-derived delta-8. So while transporting Delta-8 carts, make sure to wrap them in bubble wrap.
Alabama's Upcoming Legislation Could Affect the Legality of Delta-8
According to recent Alabama news, as of April 6th, 2023, the sale of "psychoactive cannabinoids" to anybody younger than 21 years old is prohibited, according to a recent law introduced in the Alabama legislature.
State Senator Tim Melson (R-Florence), who is the sponsor of Senate Bill 66 (SB66), also proposed a 5% tax on the gross revenues from the sale of any goods containing psychoactive cannabis.
According to SB66, "any psychoactive cannabinoids derived from hemp shall not be sold, distributed, marketed, or in the possession of any person under 21."
Other than this law, it is good to stay up to date with the current Alabama legislation to see what could affect delta-8 products in the future.
Is the Federal Government Looking To Change Delta-8’s Legality?
Yes. The Drug Enforcement Administration and the federal government are working to end the availability of Delta-8 in the US.
All synthetically produced tetrahydrocannabinols are still regarded as schedule I drugs, according to an interim final rule (IFR) published by the DEA in mid-2020. Schedule I prohibits the use of narcotics. What does this have to do with Delta-8? In addition to being a "tetrahydrocannabinol," the process by which it is made might be interpreted as synthetic.
Manufacturers must chemically produce Delta-8 by structurally isomerizing CBD because hemp plants lack it. By modifying CBD's molecular structure chemically, this process converts CBD into Delta-8 in a lab setting.
The DEA may view this isomerization procedure as "synthetically generated," adding delta-8 immediately to the list of forbidden drugs and making it a federally prohibited substance.
The Future For Delta-8 in Alabama
In all honesty, we are unsure of what will happen to Delta-8 THC in Alabama. In addition to aiming to curb the proliferation of delta-8 derivatives, state legislators are working to designate all tetrahydrocannabinol as restricted substances. Future prospects do not seem very bright when these two factors are combined with mounting federal pressure to close Delta-8's legal loopholes. We suggest that if you live in Alabama, you keep your eyes open for any new legislation that might affect the use of Delta-8 for recreational or medical purposes.
What Kinds of Delta 8 Products Are Available Online?
Since Delta 8 is one of the rising stars in the cannabinoid market, there are many brands and products available online that claim to offer the best Delta 8 thc products. ATLRx remains one of the top Delta 8 brands in the industry. We offer Delta 8 distillate, which is the primary source of D8 in most products. For fans of flower, we have a premium Delta 8 flower made from American-grown hemp flower and Delta 8 prerolls to save yourself the hassle of rolling. If you prefer a flower with an extra kick of potency, the Delta 8 moon rocks are the way to go.
At ATLRx, we have all the Delta 8 products you could possibly need. If you like dabbing, we even have Delta 8 concentrates like Delta 8 shatter. The most popular item is our Delta 8 gummies, which is the go-to choice for many people.
Conclusion: Is Delta 8 Legal in Alabama
In Alabama, Delta-8 THC is legal as of September 29, 2021. As with federal legislation, Alabama allows all hemp derivatives, cannabinoids, and isomers, including all tetrahydrocannabinol other than Delta 9 THC. The 2018 Farm Bill lays out the same guidelines for Alabama.