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March 13, 2023
Delta 9

Is Delta 9 THC Legal in Alabama?

If you’re curious about your cannabis options and you’re in the state of Alabama, you’re in the right place. And you’re also not the only one confused by the law.

This post is for you. Here we’ll answer the question: is Delta 9 legal in Alabama?

Here’s the short answer:

  • The legality of Delta-9 THC is dependent on where it comes from
  • Hemp-derived Delta 9 is legal to use, possess, purchase, sell, distribute, and produce in Alabama under state and federal law
  • Legal Delta 9 products are made from hemp with no more than 0.3% Delta-9 THC
  • Alabama lawmakers have tried unsuccessfully in the past to ban Delta-8 THC products and place all hemp-derived cannabinoids on the state controlled substances list
  • For now, you can purchase hemp-derived Delta-9 THC products online and in person in Alabama because these and other products infused with cannabinoids like cannabidiol (CBD) and Delta-10 THC are also legal and protected at the state and federal levels as long as they are derived from industrial hemp

Alright, here we go!

What is Delta 9 THC?

Delta-9 tetrahydrocannabinol (THC) is the main psychoactive compound found in all Cannabis sativa plants in some amount. The Delta-9 THC concentration a plant carries on a dry weight basis determines whether it is classified as a legal hemp plant or a marijuana plant (more on this below).

Delta-9 THC works by binding to cannabinoid receptors in the brain, which are part of the endocannabinoid system (ECS). This system plays a role in regulating a wide range of physiological processes, including appetite, mood, pain, and sleep.

Delta 9 is the main psychoactive ingredient in marijuana and is responsible for producing the “high” or euphoric feeling that people experience when they use marijuana. When Delta 9 occurs in trace amounts in hemp plants, it does not produce a high. Instead, it helps contribute to the synergistic entourage effect.

Delta-9 THC has many uses, but its legal status depends on its origin and the user’s location.

Delta-9 THC is classified as a Schedule I controlled substance under federal law, which means it is illegal to possess, distribute, or use it for any purpose, including recreational or medical use, except in certain states where it has been legalized for medical or recreational use.

Is Delta 9 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 from the list of Schedule I controlled substances to support the nascent hemp industry and left only a non-specific reference to Delta-9 THC on the list.

It is worth noting that the apparent intent was to make Delta-9 THC illegal in all cases. However, 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.

As the hemp industry discovered how to extract and market these other cannabinoids, a strange loophole presented itself. Delta-9 THC remains a Schedule I controlled substance under the Controlled Substances Act, yet hemp plants are merely cannabis plants whose dry weight is no more than 0.3% Delta-9 THC. So either all hemp-derived products are legal, or Delta-9 THC is prohibited—but both cannot be true.

The 2018 Farm Bill is the more recent law, so it controls the situation. So long as the source of the Delta 9 was within that 0.3% dry weight limit, the product is legal under the federal law.

What About Alabama State Law?

In Alabama under state hemp-derived Delta-9 THC is legal. This means you can use, possess, purchase, sell, distribute, and grow or produce Delta-9 products in Alabama without prosecution.

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

The creative growers and manufacturers in the booming new hemp industry were producing many innovative brands and Delta 8 products, which received extensive publicity. In early 2021, based on the success of Delta 8, an amendment was added to legislation in the Alabama Senate called House Bill 2. This failed (for now) amendment was intended to ban all hemp-derived cannabinoids and add them to the state’s list of controlled substances.

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. Medical marijuana is sold only at licensed dispensaries.

Can You Travel in Alabama with Delta-9 THC?

Yes. You can travel in Alabama with Delta-9 THC products as long as they are hemp-derived—but since law enforcement has no way of knowing the difference, be aware of your risk and carry receipts. Keep your products inside their packaging!

Is Delta-9’s Legality Likely to Change?

Probably, one way or the other! On the one hand, the entire US is moving toward legalization. On the other hand, the federal government is seeking to limit hemp-derived cannabinoids.

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. This would essentially ban THC, CBD, and any isomers or minor cannabinoids like THC-O and HHC that were extracted from hemp plants.

But for now, it’s easy to buy Delta 9 in Alabama!

Buying Delta-9 THC in Alabama

It is legal to buy Delta-9 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 retailers are created equal.

The real answer to getting safe, low-cost, high-quality Delta-9 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 CBD products, many great brands will also ship Delta 9 products to your address. But to find the best Delta 9 products, remember to look for lab testing and real customer reviews.

Does Delta 9 Show Up on a Drug Test?

Yes. Don’t forget, this is exactly the same kind of THC that shows up in the marijuana growing anywhere. 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 9 in Alabama

For right now, as long as it’s taken from industrial hemp plants, Delta 9 is legal in Alabama! You can feel free to enjoy that relaxing high you’ve been missing, delivered right to your home, whether you’re in Bham, Auburn, Mobile, or anywhere else.

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

Written by Diet Smoke Staff Writers

The staff writers for Diet Smoke have been researching and writing about premium hemp-derived THC and CBD products for more than 3 years. The team has a keen understanding of the topic, remain current on all FDA and industry news, and use their expertise to generate engaging and informative content to help educate consumers on Diet Smoke’s products. Each article is fact-checked and includes sources to scientific data to ensure readers receive the most up-to-date and accurate information possible.

Find out more about Diet Smoke, our history and our commitment to creating the highest quality products.

Reviewed By Colby Wohlleb

Colby Wohlleb, editor of Diet Smoke, reviews and approves all content before releasing it for posting on the Diet Smoke website. As a tireless advocate for the benefits of premium hemp-derived THC and CBD products, Colby ensures that all content is accurate, engaging, and informative. He also works directly with a trusted source to ensure the purity of the products we sell and performs rigorous lab testing to ensure that Diet Smoke’s products (including our tasty delta-9 gummies) are of the highest quality and safety standards.