January 11, 2023
Delta 8

Is Delta-8 THC Legal in Alabama?

Disclaimer: Nothing in this post is legal or medical advice.

If you’re curious about trying delta-8 tetrahydrocannabinol or delta-8 THC products and you’re in the state of Alabama, you’re probably wondering: is this legal? Or maybe, what is this?

This post is for you. Here we’ll answer the question: is delta-8 legal in Alabama?

In brief:

  • Delta-8 is legal to use, possess, purchase, sell, distribute, and produce in Alabama under state and federal law
  • Legal delta-8 is derived from hemp with no more than 0.3% delta-9 THC
  • Alabama lawmakers tried unsuccessfully to ban delta-8 THC and place it on the state controlled substances list
  • For now, you can purchase delta-8 THC products online and in person in Alabama because delta-8 THC, as well as other products infused with cannabinoids like CBD and delta-10 THC are also legal and protected under state and federal law as long as they are derived from industrial hemp

Let’s jump in!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a compound that is very similar in its structure to the regular THC in the cannabis you’ve probably had, and is also found naturally in the Cannabis sativa plant. Delta-8 produces mild psychoactive effects with fewer classic cannabis side effects. It is an isomer of delta-9 THC, meaning it has a slightly different atomic arrangement than the principal compound in the cannabis plant that causes euphoria, happiness, symptom relief, and produces a “high.”

Delta-8 and delta-9 THC are similar, but hemp-derived delta-9 THC is the one people are usually talking about when they mention cannabis, and the compounds have a slightly different chemical structure. Most marijuana strains contain higher THC levels, but in its delta-8 form, THC is far less potent.

Is Delta-8 Legal in Alabama?

In 2018, the federal government enacted the 2018 Agriculture Improvement Act, usually referred to as the Farm Bill. This deleted all hemp-derived compounds except for delta-9 THC from the list of Schedule I controlled substances to support the nascent hemp industry.

Hemp plants are merely Cannabis sativa plants whose dry weight is no more than 0.3% THC. Delta-9 THC remains a Schedule I controlled substance under the Controlled Substances Act.

The Farm Bill referred to delta-9 THC, but not delta-8 and delta-10 THC, for example, which became legal under federal law in all 50 states and Washington DC.

What About Alabama State Law?

In Alabama under state hemp-derived delta-8 THC is legal. This means you can use, possess, purchase, sell, distribute, and grow or produce delta-8 products in Alabama without prosecution.

After the 2018 Farm Bill was enacted, Alabama’s Republican Governor Kay Ivey signed SB. 225 into law. This means hemp derivatives and products from edibles and vapes to tinctures are legal according to Alabama state law, not just federal law.

In early 2021, delta-8 THC’s future legal status in Alabama appeared to be threatened. This comes after the Alabama Senate passed a piece of legislation created by state lawmakers in the Senate Judiciary Committee called House Bill 2, intended to ban tianeptine throughout the state of Alabama.

The bill was authored by Sen. Arthur Orr, who inserted a controversial amendment that would add delta-8 and delta-10 to the state’s list of controlled substances. This amendment has been rejected—for now.

Right now, THC variants such as delta-8 and delta-10 THC remain legal in Alabama—as long as they are made from hemp plants.

What About the Legality of Recreational and Medical Marijuana?

In Alabama, recreational marijuana remains strictly prohibited.

However, medical cannabis is legal for adults and minors with listed qualifying conditions such as cancer-related illness, AIDS, panic disorder, Crohn’s disease, and PTSD (and others). Medical marijuana patients need a licensed physician’s recommendation.

So, is marijuana-derived delta-8 legal in Alabama? Despite the legality of medical cannabis plants, producers are not permitted to create their own delta-8 products from marijuana.

Can You Travel in Alabama with Delta-8 THC?

Yes. You can travel in Alabama with delta-8 THC products as long as they are hemp-derived.

Is Delta-8’s Legality Likely to Change?

Maybe someday. In mid-2020, the US Food and Drug Administration (FDA) issued an Interim Final Rule (IFR) that aims to limit the use of synthetically-derived tetrahydrocannabinols and place them back on as schedule I controlled substances. They are also looking to misconstrue delta-8 as synthetic because of the derivation process.

No grower has yet been able to cultivate high delta-8 THC strains. Because delta-8 is found in hemp plants only in trace amounts, producers must derive it from CBD using an isomerization process that alters the molecular structure of CBD converting it to isomers or minor cannabinoids like delta-10 and HHC, all with their own properties.

On the other hand, federal law could change in the other direction with NO cannabinoids listed—except those that are processed in some way. There is no way to predict what the government will do for now.

Buying Delta-8 THC in Alabama

It is legal to buy delta-8 THC gummies and other hemp products in Alabama as long as they are hemp-derived. In fact, this has created a range of options—although not all are created equal. Some brick-and-mortar locations selling delta-8 are reputable, such as dispensaries, head shops, vape stores, and tobacco shops. These days gas stations and convenience stores even sell delta-8 gummies, but a gas station isn’t a dispensary; it’s cheaper, but it’s not safe.

The real answer to getting safe, low-cost, high-quality delta-8 THC products in Alabama or anywhere it’s legal, is ordering it online. This way you can verify the quality yourself, and reliably get it delivered right to your door!

Thanks to the legalization of hemp-derived products, many great brands will ship delta-8 products to your address. But to find the best delta-8 products, remember to look for lab testing and real customer reviews.

Does Delta-8 Show Up on a Drug Test?

Yes. You can test positive for THC because delta-8 is a type of THC. In general, depending on the type of drug test, it will detect trace amounts of the metabolite of delta-9 THC, and any of its isomers, including delta-8.

Final Thoughts on the Legality of Delta-8 in Alabama

For right now, delta-8 is legal in Alabama! You can feel free to enjoy the milder, cleaner high you get from these awesome products, delivered right to your home, from Mobile to Huntsville.