Alabama Cannabis Laws + Possession Regulations

by Kat Austin November 15, 2023 7 min read

Alabama Cannabis Laws + Possession Regulations - Vida Optima™

In recent years, Alabama has undergone significant transformations in its approach to cannabis, notably in the realm of medical marijuana legislation. The state's stance, once staunchly against any form of cannabis use, has shifted to accommodate specific medical conditions. 

Alabama's legislation is nuanced, with clear differences between recreational prohibition and the measured allowance for medicinal use. The evolving medical marijuana landscape encompasses a range of ailments, from chronic pain to neurological disorders, offering a structured framework for patients seeking alternative treatments. 

Beyond legalization, the state grapples with debates surrounding decriminalization, showing in attempts by lawmakers to reduce penalties for minor possession offenses. Our in-depth guide on Alabama Cannabis Lawsreveals the details, limitations, and possible future directions concerning laws about cannabis and how people can access medical marijuana.

Let’s jump in:

Table of Contents
Is Cannabis Legal in Alabama?
Laws for Doctors and Dispensaries
How the Legal Sale of Cannabis Happens
Is Cannabis Decriminalized in Alabama?
Penalties for Marijuana-Related Crimes
Timeline of Cannabis Laws in Alabama

Key Takeaways

  • Medical marijuana is legal for registered patients, while recreational use remains illegal.
  • The daily maximum dose for qualified patients is 50 milligrams, or 75 milligrams for those with a terminal illness. 
  • Qualified patients over 19 can access medical marijuana, with strict regulations on edibles and smokable weed.
  • Dispensaries must comply with exclusive access, security measures, and employ certified staff.
  • Severe penalties for marijuana-related crimes and legal options include seeking experienced attorneys and exploring pretrial diversion programs.

Is Cannabis Legal in Alabama?

Commercially grown cannabis plant grown in compliance with Alabama cannabis laws

Marijuana's legal status in Alabama is nuanced. While recreational use remains illegal, medical marijuana is permitted for registered patients. 

The Darren Wesley 'Ato' Hall Compassion Act, signed in 2021, legalizes medical marijuana for qualified patients over 19 with specific conditions. These patients must possess state-issued medical marijuana cards, and those under 19 can access medical cannabis through registered caregivers. However, the law restricts the use of edibles and smokable weed for registered patients.

Qualifying Conditions for a Medical Marijuana Card in Alabama

A doctor may recommend cannabis for one or more of the following qualifying conditions:

  • Autism spectrum disorder
  • Panic disorder
  • Depression
  • Post-traumatic stress disorder
  • Crohn’s disease
  • Tourette’s syndrome
  • Parkinson’s disease
  • Sickle cell anemia
  • Epilepsy or a condition causing seizures
  • Terminal illness
  • HIV/AIDS-related nausea or weight loss
  • Cancer-related cachexia, nausea, vomiting, weight loss, or chronic pain
  • Spasticity associated with motor neuron diseases such as amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease)
  • Spasticity associated with multiple sclerosis or a spinal cord injury
  • Persistent, treatment-resistant nausea (exceptions include specific circumstances like cannabis-induced cyclical vomiting syndrome or cannabinoid hyperemesis syndrome)
  • Chronic or intractable pain not well managed by traditional treatments or opiate therapy.

Cannabis Restrictions in Alabama for Alabama Residents

Alabama residents with valid medical marijuana cards issued by the Alabama Medical Cannabis Commission (AMCC) are allowed to use marijuana for medical purposes. 

Qualifying conditions are listed under Section 20-2A-3 (21) of the Alabama Code, and patients must be 19 or older. Minors with medical recommendations can access marijuana through caregivers registered with the AMCC. 

Restrictions are as follows:

    • Usage is limited to 50 milligrams per day, with exceptions for those diagnosed with a terminal illness. 
    • Smoking, vaping, and raw marijuana are prohibited.Approved forms include:
      • Capsules
      • Tablets
      • Tinctures
      • Gels
      • Creams
      • Nebulizers
      • Patches
      • Suppositories
      • Inhalers. 
    • Those without prescriptions or cards cannot use marijuana legally. 
    • Cultivation (growing cannabis) is illegalboth for medical patients and all residents.
  • Gifting (or selling) marijuana is illegal in Alabama.
    • You cannot consume cannabis in public places. Cannabis is approved for medical patients for at-home use, guided medical-practice use, or another private setting only. 
    • You cannot travel with cannabis. Cannabis is illegal across the U.S., so you cannot transport it across state lines. 
    • It is illegal and dangerous to drive while intoxicated with cannabis.

    Alabama Cannabis Laws in 2023 for Doctors and Dispensaries

    Alabama's cannabis landscape evolved in 2023 with the formation of the Alabama Medical Cannabis Commission (AMCC). This regulatory body oversees the cultivation, processing, and sale of medical marijuana. Despite a temporary setback in the license awarding process, 24 businesses received final licenses in August 2023. Dispensaries, a crucial element, face stringent regulations, including mandatory certified dispensers and security measures.

    Laws for Sanctioned Alabama Dispensaries

    In accordance with the Alabama Medical Cannabis Commission's (AMCC) regulations established in 2022, sanctioned dispensaries are mandated to adhere to the following guidelines:

    • Offering Exclusive Access:Dispensaries must restrict entry solely to individuals possessing AMCC-issued medical marijuana cards or their designated caregivers.
    • Interstate Limitations: It is prohibited for dispensaries to engage in the sale or delivery of medical marijuana to residents from states other than Alabama.
    • Robust Security Measures:Dispensaries are obligated to implement a comprehensive security plan. This plan must encompass the installation of surveillance cameras and the maintenance of 60 days' worth of recorded video footage to ensure the safety and integrity of the establishment.
    • Qualified Personnel:Dispensaries must employ a certified dispenser along with a dedicated security guard. These personnel are required to be on duty whenever the dispensary is open for operation, contributing to a secure and professionally managed environment.

    Laws for Doctors Recommending Cannabis

    In 2021, the Alabama Board of Medical Examiners (ALBME) established a set of guidelines applicable to physicians engaged in recommending medical marijuana to patients. As per the regulations laid out by ALBME, physicians are required to adhere to the following criteria:

    • Acquire permits from the state's Board of Medical Examiners.
    • Successfully completed a comprehensive 4-hour course focused on medical cannabis, culminating in the passage of a related examination.
    • Refrain from accepting any form of remuneration from licensed marijuana dispensaries.
    • Avoid endorsing or directing patients to a specific dispensary for their medical marijuana needs.
    • Maintain a stance of non-involvement as stakeholders in any of the businesses licensed by the Alabama Medical Cannabis Commission (AMCC).

    How the Legal Sale of Cannabis in Alabama Happens

    Legal sales of cannabis are limited to licensed dispensaries. As of August 2023, four dispensaries and five integrated facilities received licenses. Sales are anticipated to commence in late 2023 or early 2024, but certain products like smokable cannabis flower and recreational marijuana remain prohibited.

    Is Cannabis Decriminalized in Alabama?

    No, cannabis is not currently decriminalized in Alabama, though the state has put forth several efforts to make it happen. 

    Most recently, a legislative initiative, Senate Bill 160, was put forth by state senators in 2022. This proposed bill aimed to decriminalize minor marijuana possession offenses, specifically those involving less than 2 ounces of marijuana. The primary objectives include eliminating associated jail sentences and reducing fines from $6,000 to $250. 

    As outlined in the bill, individuals apprehended with small amounts of marijuana without a prescription would be eligible for expungement. Regrettably, discussions surrounding the bill were indefinitely postponed in April 2022.

    Penalties for Marijuana-related Crimes in Alabama

    In the realm of marijuana-related transgressions in Alabama, the following penalties and legal considerations come into play:

    Possession for Personal Use:

    • First-time offenders may face up to one year of imprisonment and a maximum fine of $6,000.
    • Subsequent offenses could result in imprisonment ranging from one to five years and a maximum fine of $7,500.

    Possession for Purposes Other Than Personal Use:

    • Considered a class C felony, offenders may endure jail sentences spanning one to ten years and fines amounting to $15,000.

    Possession with Intent to Distribute or Sell:

    • Classified as a class B felony, selling any quantity of cannabis incurs fines up to $30,000 and jail terms from two to twenty years.

    Marijuana Cultivation:

    • Convictions for cultivating small amounts align with penalties for illegal possession.
    • Cultivating substantial quantities mirrors penalties for possession with intent to distribute.

    Marijuana Manufacturing:

    • Engaging in any level of cannabis or marijuana product manufacturing results in a second-degree felony. Violators risk up to two years in jail, a maximum sentence of 20 years, and a $30,000 fine.

    Gifting of Marijuana:

    • Gifting marijuana constitutes a criminal offense, leading to fines of up to $15,000 and imprisonment spanning one to ten years.

    Driving Under the Influence (DUI) of Marijuana:

    • Alabama DUI laws apply, imposing fines, imprisonment, and potential driving license suspension for individuals caught driving under the influence of marijuana.

    Possession of Hash and Concentrates:

    • Hash and marijuana concentrates fall under Schedule 1 substances, making possession a class D felony. This offense can result in jail sentences ranging from one to five years.

    Marijuana Paraphernalia:

    • Possession of marijuana paraphernalia is a first-degree felony, carrying a one-year prison term and a maximum fine of $6,000 upon conviction.

    Additional Limitations:

    • Selling marijuana to a minor could incur a maximum fine of $60,000, and offenders might face over 10 years or life imprisonment.
    • Selling, distributing, or cultivating 2.2 to 100 pounds of cannabis qualifies as drug trafficking, resulting in 10-99 years in jail and a maximum fine of $25,000. Alabama permits the confiscation of assets involved in drug trafficking offenses.

    Legal Recourse and Remedies:

    Individuals confronting marijuana charges in Alabama are encouraged to seek experienced drug defense attorneys. Legal representatives can aid in mitigating punishments or securing the dismissal of charges. Defendants may explore remedies such as applying for state pretrial diversion programs, contingent on meeting specific criteria. Successful completion of the diversion program results in dropped charges and expunged offenses.

    Cannabis flower and cannabis wax, two consumables that are not legal in Alabama

    Timeline of Cannabis Laws in Alabama

    • 1931: Alabama, along with several other U.S. states, enacted a prohibition on marijuana.
    • 2012: House Bill 66 was introduced by an Alabama lawmaker to fellow house representatives. HB66 marked the inaugural attempt to legalize medical marijuana, titled the Alabama Medical Marijuana Patients Rights Act. Regrettably, the Senate committee rejected the bill during the same year.
    • 2014: Carly's Law was enacted, permitting non-intoxicating CBD oil for individuals dealing with seizure disorders. A parallel legislation, Leni's Law, received the Governor's approval in 2016. Both laws authorize the use of CBD oil with less than 3% THC for individuals facing debilitating conditions and epilepsy.
    • 2015:The Medical Marijuana Patient Safe Access Act (SB 326) in the Senate was introduced, which faced rejection in the same year.
    • 2019: Two distinct bills are introduced by Alabama senators and representatives, namely HB 96 and SB 98. These bills aimed to decriminalize marijuana possession, seeking to reclassify the offense from misdemeanor to civil violation.
    • 2021: Alabama legislators successfully passed the medical marijuana bill, securing approval from the Governor.

    Legal Cannabis and Buy Online Alternatives

    Althouhg cannabis is legal in many states, hemp-dervied THC products are still rising as a noteworthy alternative thanks to their affordability and accessibility. Hemp-derived THC products are federally legal, unlike traditional marijuana products, meaning they can often be ordered online and shipped right to your door. Read “Is Delta-8 Legal? A State by State Guide to Delta-8-THC Laws” to learn more about hemp THC laws near you, then check out ourElev8 andCloud9 Collections.

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