Just like with cannabis and CBD, Delta-8 laws vary largely by state and local jurisdiction. So, is Delta-8 legal in Alabama? And if so, where can you find it?
Luckily—Yes! The state of Alabama has removed tetrahydrocannabinols derived from hemp from their list of controlled substances.
That means that Delta 8 THC is legal in Alabama and residents of the Yellowhammer State can experience the mildly psychoactive cannabinoid for themselves.
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Table of Contents
Delta-8-THC and Federal Laws
Alabama Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Alabama?
Delta-8-THC Possession Limits in Alabama
Is Delta-9-THC Legal in Alabama?
Where to Buy Delta-8 in Alabama
Do You Have to Be 21 to Buy Delta-8-THC in Alabama?
Is Delta-8 Legal in All 50 States?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
Alabama updated hemp laws to legalize CBD soon after the 2018 Farm Bill was signed into law, and this legislation also affected the legal status of Delta-8 in the state. May 30th of 2019, Alabama enrolled amendments to Alabama code 2-8-381.
Amongst other things, the bill specifically amended the definition of hemp so that it closely matches federal regulations. It also effectively removed tetrahydrocannabinols (THCs) derived from hemp from the states list of Controlled Substances by amending the state’s Food, Drug, and Cosmetic Act.
Here are some highlights from the text:
Relating to hemp; to amend Sections 2-8-381, 2-8-383, 20-2-2, Code of Alabama 1975, and 20-2-23 as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975; to require the Department of Agriculture and Industries, in consultation with the Governor and Attorney General, to develop a plan for monitoring and regulating the production of hemp, and submit the plan to the federal Secretary of Agriculture; to exclude from Schedule I controlled substances classified as tetrahydrocannabinols (THCs) derived from hemp; and to revise definitions.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.
(14) MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include hemp as defined in Section 2-8-381.
(b) The controlled substances listed in this section are included in Schedule I:
(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
To further clarify, the state has enacted amendments to the Food, Drug, and Cosmetic Act Chapter 2, concerning Controlled Substances. The amendment specifically adds the phrasing “except for tetrahydrocannabinols in hemp, as defined in Section 2-8-381.”
According to Section 2-8-381, hemp is defined as “Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Therefore, Delta-8-THC derived from legal hemp material is not considered a controlled substance in Alabama.
Because Delta-8 currently exists as an “agricultural commodity” derived from legal hemp material, there are no possession limits defined for Delta-8 products within Alabama law.
Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.
Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.
Delta-8-THC exists legally in Alabama under the umbrella definition of “hemp.” Unfortunately, the law specifies that any cannabis material or manufactured product containing more than 0.3% Delta-9-THC on a dry weight basis is classified as “marijuana” and is illegal.
In Alabama, the illegal possession of Delta-9-THC for personal use is punishable by a misdemeanor, up to $6,000 fine, and up to 1 year in jail.
According to state hemp laws, legal hemp products can be sold in the state so long as it is produced by a licensed grower and in accordance with the state’s USDA hemp plan. That means you’re in luck if you’re looking to buy Delta-8-THC in Alabama.
Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Alabama according to state law, but you should read more about Delta-8 laws by stateto determine the legality in other areas.
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