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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.
Alabama state Sen. Tim Melson was also planning to propose a bill banning delta 8 but recently revised the bill to only limit delta 8 products to people over 18 years old.
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?
Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
More states may decide to join this list.
The Future of Delta-8 in Alabama
For now, delta 8 THC is legal in Alabama. But that may change in the future. A growing number of states are choosing to regulate or ban delta 8 THC.
One good bit of news is that the Drug Enforcement Agency (DEA) recently confirmed that hemp-derived delta-8-THC is legal.
This not only sends a positive message to state governments but also makes it unlikely that we’ll see federal regulations.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.