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Is Delta 8 Legal in Alabama? (Updated for 2024)

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**Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and these substances can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

Whether something is legal or illegal is not always synonymous with whether that thing is good or bad, especially when it comes to cannabis. More and more states in the country are making changes to their laws in both the face of advances in cannabis science and the dizzying and prosperous evolution of the cannabis market.

However, when it comes to laws and regulations regarding cannabis and its by-products, confusion among users abounds. As laws open up and change, this confusion often increases.

In Alabama, one of the cannabis by-products causing the most buzz in recent times is Delta-8, a hemp-derived cannabinoid that presents a revolutionary psychoactive option. The ever-changing legal landscape has placed this product in a confusing gray area that leaves consumers with a prevailing doubt; Is Delta-8 legal in Alabama?

If you are among the people with doubts regarding the legal status of Delta-8 in the Great Cotton State, this is the post for you! In this article, we will answer some of the most common questions among cannabis lovers living in Alabama who are still not sure if they can get this new cannabinoid without posing some kind of legal risk.

Let's start by getting straight to the point by answering the central question of many Alabamians regarding this novel cannabinoid.

Key Takeaways

  • As of the writing of the article, Delta-8 THC is legal in Alabama, in line with federal and state legislation. This legality stems from the 2018 Farm Bill, which decriminalized hemp and its derivatives, including Delta-8, removing them from the list of regulated controlled substances.
  • Alabama's cannabis regulations closely align with federal laws, allowing the legal production, cultivation, sale, and use of hemp and its derivatives, including Delta-8 THC.
  • In 2021, an attempt to ban Delta-8 THC in Alabama was quickly overturned by the state senate, maintaining the legal status of Delta-8 and other hemp-derived cannabinoids. 

So the short and straightforward answer to this question would be, yes, by the time of writing this article, Delta 8 is legally allowed, according to federal, and state legislation. Ever since the 2018 Farm Bill was enforced, hemp and all its derivatives, including Delta 8, were officially decriminalized, making them no longer regulated controlled substances, but fully legalized products with various legal uses.

One of the main objectives of the 2018 Farm Bill was to reform the law in order to clearly define hemp and its derivatives as legal commodities and extracts, so that from the very moment the Bill came in force, only illegal cannabis containing a concentration of Delta-9 THC above 0,3% is considered otherwise illegal or a federally regulated one. Alabama’s regulatory texts on cannabis are almost entirely matching federal laws, so withing the boundaries of state law, hemp and almost all of its derivatives are now legal for production and cultivation, sale and use.

This leaves Delta-8 in the same legal grey area where all psychoactive cannabinoids, regardless of their medical value, originating from legal industrial hemp, are. The short version would be that while there is no specific legislation regulating Delta-8, and that, by the time of writing this article, it is classified as a fully legal, unregulated commodity due to the applied regulations. At the moment, there is nothing to worry about as to the status of Delta-8 being legal in Alabama.

Because the laws concerning the legal status of certain species of cannabis like hemp and its derivatives are so recent, many times there can be uncertainty among its users as to what is allowed under the law and what not.

Additionally, there are times when the cannabis laws set by federal agencies and the cannabis laws dictated by each state’s laws do not match. That could be the case with Delta-8 gummies in Alabama since these edibles and other Delta-8 products contain a variant of the illegal Delta-9 THC according to the US federal law.

First off, Delta 8 gummies are legal in Alabama as long as Delta 9 THC in them is less than 0.3% on a dry weight basis. This is true since federal law lists only Delta-9 THC as a banned or illegal substance. This means that, as of today, there are no federal or state legal barriers that would obstruct the use, possession, purchase, and sale of Delta-8 gummies and other products containing this cannabinoid.

Delta 8 THC Federal Laws

To date, federal laws stipulate that the cultivation, use, possession, distribution, and sale of hemp and its derivative substances and products, such as CBD and Delta-8, are legal as long as their Delta-9 THC content is 0.3% or less.

Delta 8 THC Laws in Alabama

Legal loopholes and gray areas are often common between federal regulations and local laws in each state regarding cannabis. This can often confuse users, which is why, although federal laws are relatively clear regarding hemp-derived products like Delta-8, many Alabama residents still have questions about the legal status of certain cannabinoid isomers. Some states have banned Delta-8.

In 2021, a senator from Alabama proposed an attempt to ban this cannabinoid. However, the Alabama senate quickly struck the proposal down, and since then, no one else has taken any other firm action to prohibit this “new” type of THC.

In Alabama, the sale and possession of hemp flowers and their derived cannabinoids, such as CBD, Delta-8, and HHC, is entirely unrestricted within the state. Along with other THC analogs, these products remain a growing and thriving segment of the cannabis market in Alabama and the rest of the country.

Alabama Law Regarding Delta 8 THC

Hemp-derived Delta-8 remains a legal substance for production, use, possession, purchase, and sale in Alabama. The only regulations to note regarding Delta-8 and products containing it are that you must be over 21 years of age to obtain them legally and that Delta-8 products must contain a Delta-9 THC concentration of less than 0.3% by dry weight.

Can You Order Delta 8 THC Online to Alabama?

Short answer, yes. You can legally order Delta-8 products from Alabama without risking prosecution or legal penalties. The cannabis market is an indisputably growing area that has been experiencing rapid change, especially in recent years.

Additionally, as research regarding cannabis progresses, more and more by-products, extracts, and hemp-derived substances appear, which often leaves users wondering what is allowed and what is not. This, coupled with the recurrent issue of discrepancies between federal and local laws, can add even more confusion to the formula.

So far, 21 states have even approved the recreational use of THC-rich cannabis. More and more localities are opening up to modifying their laws, given the need for users for more comprehensive regulations and the growing demand for cannabis products in the country.

Although this is a good thing for both users and producers, the constant legal changes regarding cannabis make many people wonder where Delta-9 is legal and where it is not, and what is the legal status of HHC, Delta-8, Delta -10, and the other isomers and by-products of hemp.

Given these doubts, it is advisable to keep in mind that Delta-9 maintains a "controlled substance" status according to federal laws and that for a cannabis product to be legally permitted, it must contain 0.3% dry weight of this cannabinoid or less. On the other hand, hemp-derived Delta-8 is utterly legal in Alabama, and you can get it both in stores and online without any problems.

Where to Buy Delta-8 THC in Alabama

Although Delta-8 is a substance that is as allowed and as legal as CBD, we know that there may still be many users who have doubts about how to buy Delta-8 in Alabama. The good news is that Delta-8 is safe to purchase and is allowed in the state so far, and you can buy it legally from both physical and online stores.

The general recommendation is to try to get your Delta-8 products from reputable sources, preferably buying online directly from the manufacturers to ensure you are getting a good quality product at the right price. This way, you will also avoid dealing with retailers who can increase these products' prices and disregard their shelf life.

If you're looking to try Delta-8 for yourself and want premium products from a trusted source, look no further. At Botany Farms, we have a vast catalog of different Delta-8 products for all tastes and needs, among which there is surely the perfect fit for you.

If you are looking for top-shelf quality Delta-8 flowers and relaxing effects like no other, our delicious Delta-8 Zombie Kush may be the right choice. This Indica-dominant strain can leave you staggering like a zombie on your way to the couch or bed.

If you are looking for more balanced effects, the Indicated strain may be the hybrid Delta-8 Sour Space Candy, a variety that carries sweet candy-like flavors with hints of citrus and that can send your mind to outer space without affecting your energy or focus to go about your chores.

On the other hand, if you prefer an energizing strain to boost your mood throughout the day, perhaps the gentle energizing effects and tropical flavors of Delta-8 Pineapple Haze pre-rolls may be what you need.

If you don't want to smoke and are looking for a Delta-8 option that is friendlier to your throat that also helps you sweep away the stress of your days, you have to take a look at our Sativa Tangerine Dream Delta-8 vape cartridges. This Delta-8 vape cartridge is one of the few of its kind and is one of the most powerful full-spectrum Delta-8 vape cartridges we sell, containing 94% of pure Delta-8.

If, however, you want a Delta-8 vape cartridge that provides more balanced effects and an experience full of the flavors and aromas of the original strain. Our hybrid Sour Space Candy live resin Delta-8 vape cartridges could be a perfect choice. The Sour Space Candy flowers used to create this small batch of vape cartridges were picked 10 days earlier to retain more terpenes.

In addition, the extraction methods used keep the cannabinoids and terpenes intact to create the most true-to-plant flavors, aromas, and effects vaping products available on the market.

If smoking or vaping isn't your thing, but you still want to experience the benefits of the new Delta-8, we have the same type of live resin available in tincture form. Our live resin Delta-8 tincture contains 1500mg of therapeutic power, constituted by 1000mg of CBD plus 500mg of Delta-8 THC, which, together with the terpene and flavonoid content of the live resin, generates a synergistic effect that enhances the beneficial qualities of these cannabinoids.

You can also enjoy the potential benefits of Delta-8 packed into a sweet and delicious therapeutic candy treat with our Delta-8 gummies. These gummies come in a variety of flavors and are ready on our shelf, waiting for you to choose your favorite.

Best of all, getting any of these products to Alabama is as easy and fast as clicking on order to see your products of choice arrive at your door at lightning speed. In addition, by making your purchase directly in our online store, you will be ensuring that you are getting a premium quality, lab-tested product.

Sources used for this article:

https://legiscan.com/AL/bill/HB2/2021
https://norml.org/laws/alabama-penalties/
https://www.farmers.gov/working-with-us/farm-bill
https://law.justia.com/codes/alabama/2022/title-13a/chapter-12/article-5/division-2/section-13a-12-214-3/

This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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