Is Delta-8 THC Legal in Alabama?

By | last updated September 22, 2021

Evidence Based 8

Hemp-derived delta 8 is legal in Alabama. Although there was a proposed amendment to ban delta 8 and delta 10 THC in the state, it didn’t pass. 

Read on to learn more about federal and Alabama delta 8 laws and how they might change in the future.


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Alabama Delta-8 THC Laws

The 2018 Farm Bill legalized hemp and hemp-derived products (including CBD and delta 8 THC) across the nation. Alabama state law aligns with this bill, making hemp and hemp products legal in the state.

In April 2021, an amendment was added to Alabama House Bill 2 that would ban delta 8 and delta 10 products. A similar amendment for the state’s medical marijuana bill (SB46) was also proposed. 

However, the amendments were removed, so hemp-derived delta 8 THC remains fully legal in the Cotton State.

What Is Delta-8 THC?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a type of THC — the main intoxicating component of cannabis. Cannabis has high levels of delta-9-THC, which is what most of us mean when we say “THC.”

Delta-8 is weaker than delta-9-THC. It can cause the same effects, including red eyes, increased appetite, euphoria, pain relief, and sedation (1). Since it’s weaker, delta-8 has a lower chance of causing anxiety and other side effects.

Delta-8 can be derived from hemp, in which case it’s federally legal.

Why Delta 8 THC is Federally Legal

Delta 8 THC is not included on the list of controlled substances. On top of that, it’s possible to make delta-8 THC from hemp, which became federally legal in 2018.

While the natural levels of delta-8 in both marijuana and hemp are low (less than 1%), it’s possible to turn CBD into delta 8 THC through a special chemical process. 

Since hemp is rich in CBD, this allows manufacturers to make legal delta 8 THC. 

Keep in mind that federal authorities never expected people to find a way to make intoxicating products from hemp. That’s why delta 8’s legality is considered a loophole.

Where Is Delta-8 THC Illegal?

At this time, delta 8 THC is illegal in 15 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Mississippi, Montana, New York, North Dakota, Rhode Island, Vermont, and Utah.

More states may decide to join this list.

The Future of Delta-8 in Alabama

For now, delta 8 THC is legal in Alabama. However, that may change in the future.

A growing number of states are choosing to regulate or ban delta 8 THC. Additionally, government agencies are becoming increasingly concerned with delta 8 THC.

For example, both the CDC and FDA recently released consumer warnings about delta 8 THC products. The DEA also added delta 8 to its “orange book” of controlled substances.

These developments suggest that federal and state governments are paying close attention to delta 8 THC and may decide to create new laws to regulate it.

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