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Is Delta 8 Legal in Alabama? Find Out If You Need To Worry.

August 2, 2021
delta 8 thc legal in Alabama

Table of Contents

When it comes to the current legalities of delta 8 in Alabama, there is a lot of confusion surrounding it. This is because it is legal for people to use it recreationally, but not medicinally. This post will discuss how you can tell if you are breaking the law by using this substance and what is currently being worked on to change its status in the state.

Disclaimer: We work to stay abreast of the latest Delta-8 laws, but you need to research changes in state law on your own before using this advice.

Key Takeaways

  • Delta 8 THC is one of many cannabinoids derived from legal hemp, certifying that it is federally legal.
  • Furthermore, Alabama has removed hemp-derived tetrahydrocannabinol from its list of controlled substances, meaning it is legal in Alabama.
  • For hemp consumers, it is essential to ensure that their Delta 8 products are legal.
  • To purchase Delta 8 THC products made from hemp, you generally need to be at least 21 years old. You can buy D8 legally in a limited number of shops throughout Alabama. However, you have the option to buy it on the internet and get it shipped directly to your front door as well. 

What is Delta 8 THC?

Delta 8 THC is the new cannabinoid in the hemp industry that many people have been talking about because of its properties that are quite different from CBD and other hemp-derived compounds. It is a psychoactive compound that, in many ways, is similar to delta 9 THC. It is only a minor part of the plant’s chemical composition, but people are now isolating and concentrating on it so they can experience its effects more potently. Delta 8 is a cannabinoid that has become popular since its similarity to delta 9, the main compound in cannabis that causes someone to get “high.”

Delta 8 products come in many different forms, including gummies, tinctures, vapes, tablets, chocolate, soft gels, and even beverages. Because it’s so new, we do not know a lot about D8THC. It is a type of THC that has been shown to have fewer health benefits than Delta 9 because it does not produce the same euphoric effects and sedation. D8THC is best known for its ability to relieve symptoms of anxiety, but others also find it useful for mid relief and sleep. Some report taken it doing the day offers an uplifting experience, whereas others prefer d8 over delta 9 for its milder effects.

If you’re living in Alabama, you might wonder whether it’s legal for you to take small amounts of delta 8 for your personal routine. It can be confusing to learn about what the laws governing hemp are. That’s why we’re here to clear some things up. It doesn’t matter what state you are from. You’ll find helpful information about the legality of d8THC and other hemp-related products on our pages.

Is Alabama For Or Against Delta 8 THC?

Alright, first of all, let’s get the most important question out of the way. Is Delta 8 legal in Alabama? Yes, it is. 

The 2018 Farm Bill effectively legalized all parts of the hemp plant, excluding delta 9 THC. That means Delta 8 THC is legal on a federal level. That said, some states (as expected) have made their own laws pertaining to delta 8, and the hemp plant, Alabama senate, though, stick with the federal law.

Furthermore, there are no restrictions on which type of delta 8 products are legal or how many cannabinoids a person can possess at any given time. You can use d8 freely, regardless of location in Alabama. 

Delta 8 Products You Can Buy Online.

As you will soon find out, Delta 8 comes in various exciting and unique delivery methods, just like CBD, and in time, even more will come, as we have already seen. Most of the products containing delta 8 found on the market in Alabama are legal. However, you still have to keep your eyes open for what you are buying as many of the products on the market are either too hot, meaning they have too much delta 9 THC to be legal, or contains harmful chemicals. 

  • Edibles: Unlike smoking or vaping cannabis, edibles are ingested or eaten. They can take as long as an hour to kick in and result in lasting effects between four and eight hours. Delta 8 gummies are the most popular edible.
  • Delta 8 Tinctures: Delta 8 tinctures are an oil-based product, which you put under the tongue. Drops come in various milligram strengths and flavors, as well as in dropper bottles for easy dosing.
  • Softgels / Capsules: The effects could last as long as some edibles but act as a natural alternative to those who don’t like sweets. Capsules with Delta 8 can be swallowed as you would do with any other natural supplements.
  • Cartridges/ Vape Pens: Carts and disposable pens come in various flavors and strengths too. A quick and easy way to enjoy D8 if you like the smoke aspect plus fast-acting on the body.
  • Flower: This is simply the buds from hemp flower that have been infused with extracted delta 8 tetrahydrocannabinol oil to enhance the effect and experience when smoked. 
  • Dabs: This type of product is created with high concentrations of delta 8, which makes them more geared towards more experienced users. This type of product is inhaled via a special device that can allow you to smoke or vaporize the compound.
  • Topicals: Topical solutions for joint pain can be applied directly to the skin, entering the body and reducing discomfort. The effects of topical treatments are less intense than oral medications, so they have a similar impact without negative side effects such as drowsiness or addiction.

Can I Buy Delta 8 THC Online in Alabama?

Delta 8 THC is allowed to be sold as long it originates from the hemp plant in Alabama under the legal framework set by Alabama’s state hemp laws. These laws allow for sales of legal hemp goods made from hemp grown by approved growers while adhering to the state’s applicable plan. The hemp products must conform to the 2018 Farm Bill and include a certificate of analysis when sold. D8THC is sold online via some CBD e-commerce sites but can also be found at convenience shops and gas stations.

Let’s Breakdown Alabama Delta 8 THC Laws

Alabama updated its hemp laws to legalize CBD soon after the 2018 Farm Bill was signed into law, and this legislation also affected the legal status of hemp-derived THC in the state. May 30th of 2019, Alabama enrolled amendments to Alabama code 2-8-381.

Among other things, the bill specifically amended the definition of hemp to closely match federal regulations. It also effectively removed tetrahydrocannabinol (THCs) derived from hemp from the list of the state of Controlled Substances by amending the state’s Food, Drug, and Cosmetic Act.

Here are some highlights from the text:


Relating to hemp; to amend Sections 2-8-381, 2-8-383, 20-2-2, Code of Alabama 1975, and 20-2-23 as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975; to require the Department of Agriculture and Industries, in consultation with the Governor and Attorney General, to develop a plan for monitoring and to regulate the production of hemp, and submit the plan to the federal Secretary of Agriculture; to exclude from Schedule I controlled substances classified as tetrahydrocannabinol (THCs) derived from hemp, and to revise definitions.


HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal, and seed oil for consumption and for cultivation if the seeds originate from industrial hemp varieties.

INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.


MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Marijuana does not include hemp as defined in Section 2-8-381.


The controlled substances listed in this section are included in Schedule I:

Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

  • Tetrahydrocannabinol, except for tetrahydrocannabinol in hemp, as defined in Section 2-8-381.

Delta 8 Legal In Alabama: State Law vs. Federal Law

Eleven states have ruled on the discontinuation of delta-8-THC as of summer 2021. They are attempting to come closer to federal law in Alabama and ban it. The federal government is not clear about what defined hemp, and this does not take into consideration D8. As per the law, D8 comes from the legal hemp plant. The State’s statutes and possession laws are presumptuously legal as long as the product contains detectable amounts of THC, which it does not.


  1. “H.R.5485 – Hemp Farming Act of 2018”
  2. “Drug Fact Sheet: K2/Spice”
  3. “MARINOL”
  4. “SB225 “

Frequently asked questions

Is Delta 8 legal to purchase in Alabama if you are 21 years old or older?

Currently, there are no regulations statewide regarding age restrictions on the purchase of hemp-derived products. Furthermore, there is no regulation as to what age people should be in order to purchase Delta 8 products, but many stores implement an age requirement of 21 years.

Is Delta 8 Federally Legal?

Yes, hemp-derived Delta 8 is federally legal. The 2018 Hemp Act legalized hemp and its extracts, including cannabinoids, isomers, and other extracts.

Can Delta 8 be used in all 50 states?

Delta 8 THC, apart from delta 9 tetrahydrocannabinol (THC), is legally permitted under the Hemp Farming Act of 2018. Each state has the right to decide whether tetrahydrocannabinol derived from hemp is legal within its borders. Delta 8 is legal in Alabama, but you should read more about Delta 8 laws by state to determine the legality of this remedy in other areas.

Can I buy Delta 8 in Alabama?

As a result, hemp-based products such as Delta 8 are now legal on the federal level. Some states have made separate laws about D8 and hemp in general, but Alabama follows federal law, which means you can legally enjoy without the risk of legal consequences.

Will delta 8 Get You High?

Delta 8 THC is not a psychoactive compound. It has displayed anti-inflammatory and pain-relieving properties in preclinical studies. Delta 8 does not elicit any psychoactivity when taken orally, but it may have some effects if applied topically or smoked as an oil-based product.

Although the effects of Delta 8 THC and traditional Delta 9 THC are fairly similar, it is the potency that sets D8 apart from its highly psychoactive counterpart. D8 can make you feel euphoric but without the unwanted paranoia and anxiety. It also causes a less intense effect.

How long can you expect a delta 8 "high" to last?

A D8 high can last from 3 to 8 hours, depending on the method of ingestion and one's own unique biochemistry. Start slow and incremental increase as needed.

Is buying Delta 8 Online illegal?

In most states, it is federal legal when buying online. D8 is an even better option for those who are looking for a light high. When you are "ON" it, you can experience both euphoria and relaxation. Make sure you follow the recent regulations in your state or the state you are buying from.

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