Delta 8 THC Alabama Legalities
We look at what the law says about the legality of buying, selling and using Delta-8 THC in the State of Alabama. Let’s start first by answering the question: Is Delta 8 THC Legal in Alabama?
Yes, Delta 8 THC is legal in the State of Alabama.
Is Delta 9 legal in Alabama?
Where to buy delta-9 in Alabama?
Can you smoke Delta 8 in public in Alabama?
This is in response to your letter dated August 19, 2021, in which you request the control status of delta-8-tetrahydrocannabinol (Δ-8 THC) under the Controlled Substances Act (CSA). The Drug Enforcement Administration (DEA) reviewed the CSA and its implementing regulations with regard to the control status of this substance….
Accordingly, cannabinoids extracted from the cannabis plant that have a Δ-9-THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp” and thus are not controlled under the CSA. Conversely, naturally derived cannabinoids having a Δ-9-THC concentration more than 0.3 percent on a dry weight basis is controlled in schedule I under the CSA as tetrahydrocannabinols.
Current Alabama Delta-8 Legislation
Alabama Code Title 2. Agriculture § 2-8-381
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:
Further in section 80-10-21-.02 (11), the act states:
In section 80-10-21-.02 (19), they further explain:
And regarding Delta-8 THC, we can refer to the act (in 80-10-21-.02 (20)) where it states:
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!
Controlled substances list
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:
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:
The Article 11 of Chapter 8 of Title 2 definition of marijuana is:
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
Border States to Alabama:
Tennessee, Georgia, Florida, and Mississippi.
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:
- – Alabama Hemp Growers Association
– Alabama Hemp Growers and Processors Association
– Official Alabama NORML Facebook Page
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!
Alabama lawmakers seek to regulate Delta 8 THC
Delta-8 remains legal in Alabama, but for how long?
Your guide to Delta-8 in Birmingham
Police: Alabama man jailed on DUI charge after driving slowly on roadway, ate Delta 8 THC gummies hours before traffic stop
Concerns about these chips, candies, and crispy treats that are getting children high
Amendment potentially harmful to hemp industry removed by Senate
Senate To Consider Amendment Potentially Harmful To Alabama Hemp Industry
Alabama Senate Committee Passes Bill to Ban Delta-8 and Delta-10 Products
House carries over charter school funding bill
Past Marijuana Use Is No Longer a Disqualifier for a Federal Job
Alabama hemp industry still growing strong
Alabama Senate Committee Approves Medical Marijuana Legalization Bill