Is Delta-8 THC Legal in Alabama? (May 2023 Update)

By | Updated on November 14, 2023

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Alabama allows hemp-derived products, including delta-8 THC. However, the sale of delta 8 products is prohibited to anyone under the age of 21. Read on to learn more about Alabama delta 8 laws and how they might change.


Delta-8 THC is legal in Alabama. But it can only be sold to adults aged 21 and over.

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Alabama Delta-8 THC Laws

Here’s a quick timeline of delta 8 laws in Alabama:

  • 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 planning to propose a February 2022 bill banning delta 8 but revised the bill to only limit delta 8 products to people over 18 years old.
  • Melson filed Senate Bill 66 on March 21, 2023, which seeks to ban the sale of delta-8 and other psychoactive cannabinoids to anyone under 21 and imposes a 5% tax on such products.
  • The bill was passed on May 3, 2023.

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.

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

More states may decide to join this list.

The Future of Delta-8 in Alabama

I don’t expect to see changes to delta-8 THC’s legal status in Alabama anytime soon. Considering that Alabama is not a very cannabis-friendly state, we’re not likely to see cannabis legalization happening any time soon. That means delta-8 is likely to remain unregulated.

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