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Is Delta 10 Legal In Alabama, And Can You But It?

October 19, 2021

Delta 10 THC can be seen in both marijuana and non-marijuana forms of the plant, aka the hemp plant. The fact that it has tremendous medical benefits while not intoxicating users makes it an ideal candidate to be included in any future legislation related to legalizing CBD. Let’s explore Alabama’s state law, the farm bill, and its take on hemp products and the hemp industry.

The laws surrounding Delta 10 are new and constantly changing. We strive to do our best to give you the most updated information, but we can not always be on top of it with things changing rapidly in the hemp industry. This information is not intended as legal advice. Please always check your state laws before purchasing any hemp-derived or CBD products.

Alabama THC Laws

Alabama has recently legalized Delta 10 THC, a chemical in the cannabis plant that does not produce psychoactive effects. Great news for many consumers of related cannabis and hemp-derived products who face hardship and need a more natural remedy or cannot get medical marijuana. Though it’s still very unclear how this law will affect the legality of other components, you can purchase d10 products without it being illegal.

According to state law, the state is authorized to regulate industrial hemp’s cultivation; however, they are prohibited from regulating its growth beyond testing whether it contains Delta 10 THC or any other cannabinoid. That means all hemp grown per the Farm Bill must have less than 0.3% Delta 9 THC, which is considered a minor amount to produce any human psychoactive reactions.

Alabama Cannabis Industry Association And The Hemp Industry

Alabama Cannabis Industry Association, or the ACIA as it also stands for, is an organization that advocates for the legalization of industrial hemp in the state of Alabama. It consists of members in different areas, including those in government, scientists, manufacturers, and others who represent the interests of the cannabis industry. They are constantly fighting for their state’s medical marijuana, recreational marijuana, related controlled substances, and cannabis laws. If you live in the state, make sure to give all the love to ACIA by contacting the Alabama senate and others.

Is Delta 10 THC Among The Controlled Substances Of Alabama?

According to Alabama’s state law which mirrors federal government regulations, cannabis products containing 0.30% or less Delta 9-THC (tetrahydrocannabinol) are free to consume as long it’s hemp-derived compounds. The House bill also requires the products to be tested and approved by licensed testing facilities to secure the Delta 9 THC is below the legal limits. With that said, Delta 10 THC is legal on a federal level in the United States except for a few states (make sure to do your due diligence before you purchase any d10 products,) which also means it’s legal in Alabama. You can therefore possess, buy or use for medical purposes.

Delta 10 THC is a chemical compound found in the hemp plant known as cannabidiol (CBD), and as long the compounds originate from hemp, it’s considered legal. That said if we take a look at the Delta-9 THC. It’s a different story. Under the Controlled Substances Act, medical marijuana has been made illegal to possess (21 USC § 801 et seq.) However, §§ 7606 & 7607 of the Agricultural Act of 2014 (the “Farm Bill”) allow universities and state agriculture departments to cultivate industrial hemp as part of agricultural pilot programs.

Though Delta 9 THC is considered a controlled substance in Alabama, it’s unclear whether all of the Delta 9 THC products are classified in this manner. Some sources claim that Delta 9 and all other synthetic cannabinoids and THCs are not listed as controlled substances in Alabama, even though they show a psychoactive component. 

Let’s take a closer look at what the bill says:

CHAPTER 557 – HEMP NRS 557.160 “Hemp” defined.

1. “Hemp” means that any plant of the genus Cannabis sativa L. and any part of such plant, including, without any limitation, the seeds and all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers, growing or not, with a THC concentration or compound that does not exceed the maximum THC concentration established THC agreed by the federal law and regulations for hemp.

2. “Hemp” as explained, does not include any commodity or product created using hemp.

Federal Register } Vol. 84, No. 211 | Thursday, October 31, 2019, | Rules and Regulations 7 CFR Part 990

The purposes of this part, as defined in the 2018 Farm Bill, the term “hemp” just means the plant Cannabis sativa L. and any other part of such plant, including, but not limited to, the seeds and all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers, growing or not, with delta-9 THC tetrahydrocannabinol concentration that is not more than 0.3% on a dry weight basis.

NRS 557.180 

“THC” is defined [Effective through June 30, 2020.] “THC” has the meaning as it is ascribed in NRS 453A.155.

NRS 557.180

“THC” is defined. [Effective July 1, 2020.] “THC” has the meaning as it is ascribed in NRS 453.139.


NRS 453.096 “Marijuana” defined.

1. “Marijuana” means that:

(a) All parts of any plant related to the genus Cannabis, whether it’s growing or not;

(b) The seeds thereof;

(c) The resin extracted from any part of the plant too, including concentrated cannabis oil; and

(d) Every compound involved, manufacture, derivative, salt, mixture, or preparation of the plant, its resin, or seeds.

2. “Marijuana” which does not include:

(a) Hemp, as it is defined in NRS 557.160, growing or cultivated pursuant to provisions of chapter 557 of the NRS or any other commodity or product made using hemp;

(b) Or the mature stems of the cannabis plant, it’s fiber produced from the stems, oil or edibles made from the seeds of the plant, and any other compounds, manufacture, derivative, salt, mixture, or any preparation of the mature stems (except the resin extracted therefrom), fiber, oil or edibles, or the sterilized seed of the cannabis plant which is incapable of germination.

NRS 453A.155

“THC” means delta 9 tetrahydrocannabinol, which is the primary active ingredient in the marijuana plant.

NRS 453.139

“THC” defined. “THC” means:

1. Delta 9 tetrahydrocannabinol;

2. Delta 8 tetrahydrocannabinol; and

3. The optical isomers of such substances.

Cultivation And Federal Law Regarding Delta 10 THC.

Although states are authorized to regulate the cultivation of industrial hemp, they are prohibited from regulating its growth beyond testing whether it contains Delta 9 THC or any other cannabinoid.

Further clarification from the Drug Enforcement Agency, the DEA states they will not attempt to challenge state actions that permit hemp cultivation. As long as such cultivation is done under Section 7606 and those states that wish to ship their hemp products across state lines for purposes not covered under Section 7606 must obtain a waiver, be approved yearly, and notify any production or distribution of such products.

The short answer is no; Delta 10 is not legal in all 50 states. There are currently 11 states (as we wrote this post) in which it is illegal. The rest of the states are either in a grey area, or it’s full out legal. Knowing things can change week by week, you must do your due diligence before you end up trying delta 10. Always be sure to check with your state lawmakers to make sure it is legal in your state before purchasing any hemp or even general CBD products, for that matter.

Where Can I Buy Delta 10 Products?

Right now, the places to buy Delta 10 are minimal, with D10 being relatively new and all. Online is your best source because you can buy direct from the manufacturer or a reputable company like BiowellnessX and have it delivered right to your door. Our company BiowellnessX does carry Delta 10, both delta 10 gummies and delta 10 oil. We also carry Delta 8, Delta 9 (below 0.30% dry weight), and many other CBD products. We have a wide variety of gummies, tinctures, oils, smokes, capsules, and creams. Our team is very knowledgeable and can help you with any questions you may have. Give one of our outstanding customer service reps a call today, and we can help you place your order.

As with any hemp-derived CBD or THC products, you must be 21 years old to purchase and consume Delta 10. Although state and federal law does not state an age, most suppliers will not sell to you unless you are 21.


With research on Delta 10 still being so immature, and products are still being tested. It’s uncertain how the future will play out for this cannabinoid, and you may see Delta 10 as a preferred option with less risk than other related THC products. One thing for sure, we are very excited about this new compound as it offers so many health benefits and is known to be a generally safer choice.

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