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Delta-8 THC is legally available in Alabama, with the state generally following the guidelines set by the 2018 Farm Bill.
While many states have since taken action to regulate the process used to make delta-8 THC, or begun including it in the overall calculation of the allowable THC in hemp, Alabama lawmakers have simply passed an additional bill limiting its sale to adults aged 21 or over.
This isn’t the only delta-8 THC law in Alabama you should know about, though, so we’ve put together some answers to the most common questions you might have.
Is Delta-8 THC Legal to Sell in Alabama?
Delta-8 THC is legal to sell in Alabama, after the state passed its version of the federal Farm Bill in 2019.
Alabama passed Senate Bill (SB) 225 in 2019, which followed the blueprint laid down by the federal Farm Bill of 2018. This means that it legalized hemp under the definition that it is a cannabis plant with less than 0.3% delta-9 THC, including “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.” This wording is widely considered to legalize delta-8 THC provided that the level of delta-9 THC is below 0.3%.
Delta-8 THC Legislation Timeline for Alabama
Alabama first legalized delta-8 THC in 2019 and passed age restrictions in 2023.
In 2018, the federal government signed the Agriculture Improvement Act (2018 Farm Bill). It removed hemp and all hemp-derived compounds from the definitions of marijuana and THC, which are Schedule I controlled substances.
The signing of the 2018 Farm Bill meant delta-8 and delta-10 THC became legal in all 50 states and Washington DC on the federal level.
In 2019, following the enactment of the 2018 Farm Bill, Alabama’s Republican Governor Kay Ivey signed SB 225, an important piece of legislation amending its own hemp laws in line with federal law. This means hemp, hemp derivatives, and hemp products are legal at the state level, including delta-8 and delta-10 THC.
At the beginning of 2021, delta-8 THC’s future in Alabama didn’t look good. The Alabama Senate passed House Bill 2, a piece of legislation originally seeking to ban tianeptine in the state of Alabama. The Senate Judiciary Committee then added a controversial amendment to the bill that would see delta-8 and delta-10 placed on the state’s own list of controlled substances.
In the end, the House Health Committee rejected the amendment, despite the bill’s author, Sen. Arthur Orr, requesting it to be tabled for a later date. As it stands, delta-8, delta-10, and other THC variants are still legal in Alabama.
In 2023, the legislature passed SB 66, a short bill that restricts the sale and possession of psychoactive hemp cannabinoids to adults aged 21 or over.
Is Delta-8 Legal at the Federal Level?
The legal status of delta-8 THC at the federal level is not clear.
RELATED: Which States Legalized Delta-8 THC?
The industry argues that the 2018 Farm Bill legalized hemp, defining the term as the cannabis plant and any part of it, including “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, […] with a delta-9 [THC] concentration of not more than 0.3 percent…” Since delta-8 THC is a naturally occurring cannabinoid in hemp, it is therefore legal. The 9th Circuit Court of Appeals agreed with this assessment, albeit on a limited record.
However, recent statements indicate that the DEA has a vastly different opinion of the legality of hemp-derived delta-8 THC, if converted from CBD. Terence Boos, the chief of DEA’s Drug and Chemical Evaluation Section, said in a letter in 2021 that modifying CBD to produce delta-8 THC makes it a controlled substance, however, he offered no citation in support of this. At a conference in May 2023, he indicated that the DEA will clarify via rulemaking that any cannabinoid produced by chemical synthesis is an illegal controlled substance.
This proposed rule has not yet been released.
Can Delta-8 THC Be Added to Food?
Delta-8 THC cannot be added to food in Alabama. The FDA considers any food containing delta-8 THC to be adulterated, and Alabama law doesn’t have any provisions to change this.
According to the FDA’s interpretation of the federal Food, Drug and Cosmetic Act, delta-8 THC is an unapproved food additive, and so cannot be added to food entering interstate commerce. SB 225, while legalizing hemp and including “food” in its definition of hemp product (section 2-8-381(3)/page 3), does not state that foods containing hemp are not adulterated. This leaves federal law as the deciding factor, and as such, foods containing hemp are not allowed in the state.
Despite this, delta-8 THC edibles are openly sold in Alabama.
Can You Buy Delta-8 in Alabama?
Delta-8 THC products are available for sale in Alabama, both from brick-and-mortar stores and online.
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Delta-8 Alternatives You Can Legally Buy in Alabama
Delta-10, delta-7 and other THC isomers are available in Alabama, by the same argument that delta-8 THC is generally considered legal.
RELATED: Delta-8 vs. Delta-10 THC: Which Is Stronger?
Are There Age Restrictions on Delta-8 THC Products?
SB 66 was passed in May 2023, which prohibits the sale of delta-8 THC, delta-10 THC and any psychoactive cannabinoid found in hemp to anyone aged under 21 (section 1(a)/PDF page 3). This came into effect on August 1st, 2023.
Can You Consume Delta-8 THC in Public in Alabama?
There is no law addressing the public use of hemp products such as delta-8 THC in Alabama. Technically the only restriction is that you can’t smoke in a place where smoking cigarettes is banned.
Alabama hemp law does not address the issue of public use, so technically there are only very basic restrictions for smoking. However, it’s likely that smoking delta-8 THC will be confused with smoking marijuana, so if you do so and are caught, you will have some explaining to do. In short, you can do it but people are unlikely to view it favorably.
Can You Drive Under the Influence of Delta-8 THC in Alabama?
No. Alabama law prohibits driving under the influence of any substance that impairs your ability to drive.
Alabama’s DUI law states that you cannot drive while “under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.” This includes delta-8 THC by default, even though it is exempted from the state’s controlled substances list if part of hemp.
Punishments in the first instance include imprisonment for up to 1 year, a fine of between $600 and $2,100 or both. Additionally, your license will be suspended for 90 days.
RELATED: How Long Does Delta-8 Stay in Your System?
Can You Travel to Alabama With Delta-8?
Yes, you can travel to Alabama with delta-8 THC. Pending upcoming changes to the Farm Bill, delta-8 THC is widely considered to be legal both at the federal level and in Alabama.
The prevailing argument is that the 2018 Farm Bill legalized hemp-derived delta-8 THC at the federal level, and accordingly, the Transport Security Administration (TSA) does not consider hemp products to be prohibited on flights. It’s a good idea to bring a certificate of analysis (COA) for the product or products with you so you can prove that it’s compliant hemp.
Closing Thoughts: The Future for Delta-8 in Alabama
Legislators passed a bill limiting the sale of delta-8 THC and other intoxicating cannabinoids to adults aged 21 or over this year, and there is no further legislation pending on the topic. Lawmakers were generally positive about the change, and with nothing else proposed on the issue, it appears they are satisfied with the situation.
However, the 2023 update to the Farm Bill and other federal changes will likely make changes for delta-8 THC across much of the nation, and Alabama is no exception to this.
