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Delta 8 THC Alabama: Is It Legal?

There is some confusion about whether Delta 8 THC is legal in the United States, including in Alabama. The short answer is yes; it is legal. The 2018 Farm Bill makes Delta 8 THC legal federally, and Alabama state law legalizes it as well.


The Federal Law in Question

The 2018 Farm Bill, which is another name for the Agricultural Improvement Act of 2018, has legalized hemp and hemp-derived products. The bill specifically made any cannabinoids, isomers, and derivatives of hemp legal. The only restriction is that the product cannot have over 0.3% delta 9 THC.

This means that as a hemp-derived product, Delta 8 THC is legal at the federal level.

States are free to place their own restrictions, but only a handful of them have done so. Alabama is not one of those, so Delta 8 THC is legal in Alabama.


The Alabama Laws

Instead of just letting the federal law stand without clarification, Alabama law clarifies that hemp products are legal. The relevant laws are those that define marijuana and hemp.

If you want to see the laws that make Delta 8 THC legal in Alabama, look at 2-8-381 of the Alabama Code. You will also want to look at Sections 20-2-2, 2-8-383, and 20-2-23.      


Section 2-8-381

Section 2-8381 legalizes Delta 8 THC by defining “hemp products,” “hemp,” and “industrial hemp.” The definition of hemp products is anything made using industrial hemp. “Hemp” or and “industrial hemp” have identical definitions under this law. It is any part of the Cannabis sativa L. (which is the hemp plant’s scientific name). The key part of this definition is the exclusion of those with dry weight concentrations of delta-9 THC that are greater than 0.3%. State law considers industrial hemp an “agricultural commodity” or “agricultural crop” and makes it legal. That classification explicitly excludes marijuana, based on the definition in Section 20-2-2.


Section 20-2-2

As Section 2-8-381 implies, Alabama law defines marijuana in Section 20-2-2. Marijuana is defined as all Cannabis sativa L. parts, including the seeds and resin, as well as derivatives, salts, manufactures, and more made from these products.

It explicitly excludes mature plant stalks, fiber from those stalks, cake or oil from the seeds, and salts, derivatives, mixtures, and more made using the mature stalks (excluding the resin). It also explicitly says that hemp (based on the definition in the previously-mentioned section) is not included in the definition of marijuana.


Section 20-2-23

The relevance of Section 20-2-23 comes from its description of controlled substances that are Schedule I. In addition to indicating that hallucinogens, their isomers, and their salts are Schedule I substances, the mention of tetrahydrocannabinols is the most important for Delta 8 THC legality.

This section explicitly says that tetrahydrocannabinols are Schedule I controlled substances, except those classified as hemp on Section 2-8-381.

Because we already established that Delta 8 THC qualifies as hemp on that section, Section 20-2-23 explicitly tells us that it is not a Schedule I controlled substance.


The Bottom Line on Legality

The bottom line is that Delta 8 THC is completely legal in Alabama. The only caveat is that for it to be fully legal, it must be hemp-derived. This means that it cannot have a delta-9 THC concentration that is greater than 0.3%.


What This Means for You

Since Delta 8 THC is legal in Alabama, you can buy and consume it without legal concerns. However, you should still take precautions when buying. Make sure that you buy from a reputable supplier that publishes the results of third-party lab testing. This will let you confirm that it does not exceed the legal concentration of delta-9 THC.

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