Is Delta 8 Legal in Alabama [AL]?

Delta 8 THC has caused quite a stir. It’s an analog of THC that differs from delta 9-THC (the compound found in marijuana) by the placement of a double bond. This difference in chemical structure results in a much milder high, which makes delta 8’s legal status complicated.

State lawmakers can make up their own minds on cannabinoids, and several have outlawed delta 8 THC.

State lawmakers can make up their own minds on cannabinoids, and several have outlawed delta 8 THC for its ability to provoke a high. Fortunately, delta 8 THC is legal in Alabama, thanks to the dedicated campaigning of hemp advocates.

Read on to learn the story of delta 8 THC in Alabama, and why its legal status is precarious.

Delta 8 Alabama: State Law vs. Federal Law

As it stands, delta 8 is federally legal. The wording of the 2018 Farm Bill has ensured that hemp, defined as cannabis with less than 0.3% delta 9 THC, is federally permitted. As such, numerous brands have begun selling delta 8 products.

However, since its boom in popularity, eleven states have banned the use of delta 8 THC. These include:

  1. Alaska
  2. Arkansas
  3. Arizona
  4. Colorado
  5. Delaware
  6. Idaho
  7. Iowa
  8. Mississippi
  9. Montana
  10. Rhode Island
  11. Utah

Everywhere else currently permits the use of D8. At the very least, state lawmakers are yet to say anything about this compound.

You might have noticed that Alabama is absent from this list. If you were wondering, “is delta 8 legal in Alabama” here’s your answer: yes. Federal law and state law are almost aligned on the matter – if you view delta 8 as a product that comes from the legal plant hemp. Federal guidelines are very murky, however, and the government has not approved the use of D8.


Recently, Alabama lawmakers attempted to align more firmly with federal laws and outlaw delta 8, but it did not quite go to plan.

House Bill 2, recently passed, was intended to outlaw the opiate tianeptine. Senator Arthur Orr sought to add an amendment outlawing delta 8 and delta 10, but the hemp and medical cannabis industries lobbied against it. The Alabama Cannabis Industry Association (ACIA) said that a ban on delta 8 would be premature. In the end, it was decided to act in accordance with the federal law that sees THC-derived from hemp, as defined in section 2-8-381, as legal.

The result is that hemp-derived THCs (including delta 8) are presumptively legal. Sadly, it is not quite this simple; keep reading to learn the DEAs decision.

DEA Rules About Delta 8 THC in Alabama

Despite the language of the Farm Bill and the removal of the amendment from HB2, the DEA is not comfortable with the use of the cannabinoid.

The DEA still states all THCs on the Controlled Substances list. So, despite the fact that in Alabama delta 8 is legal, the DEA may still carry out raids against businesses selling it. Products have been seized, which spells bad news for those brave enough to sell them.

Whether this will damage the industry is unclear as of yet. However, several other states are considering a ban on delta 8 to reflect the DEAs opinion. Some experts believe that better regulation is needed to increase the safety of delta 8 products, and this is what campaigners pushed for in response to HB2.

As it stands, delta 8 can still be found in Alabama, but it’s uncertain whether this will remain the case.

How to Use Delta 8 Legally in Alabama

Since delta 8 is currently permitted, residents in Alabama may want to use it while they can. It’s vital to use it safely and legally, which means sourcing delta 8 in Alabama from reputable sources. Since marijuana is currently illegal, brands must source delta 8 from hemp. This typically involves extracting CBD and transforming it into a synthetic version of delta 8.

The safety profile of synthetic D8 is undetermined, which is why a reputable source is essential. Buy delta 8 from brands that are very transparent and offer certificates of analysis for their products.


In terms of consumption methods, there are lots of options. Users can benefit from:

  • Gummies
  • Edibles
  • Vape cartridges
  • Joints
  • Topicals
  • Isolates
  • Tinctures

The market is expanding in a similar way to CBD, with lots of innovative products that give customers a unique way to imbibe. Within each product category, there are various strengths available. Most consumers don’t use a lot of delta 8 at once, since they are not seeking a mind-blowing high but something milder.

It’s possible to buy delta 8 online, and this is a more common option since stores are likely to be raided by the DEA. When making an online D8 purchase, be sure to do thorough research on the brand and find a trustworthy product that is both safe and reliable. No matter what product type and strength you choose, make sure the product contains less than 0.3% delta 9 THC, as this compound remains illegal federally and within Alabama.

Is Delta 8 Legal in Alabama? (Final Thoughts)

The short answer to the titular question is yes, you can use delta 8 THC in Alabama. However, the status of this compound remains uncertain. Lawmakers attempted to outlaw it and deferred their decision due to outcry. However, since the DEA and federal government see all THCs as controlled substances, Alabama may rethink its decision in the future.

On the other hand, the Yellowhammer state has been considering a compassion act that would legalize medical marijuana. If this passes, it could change the fate of delta 8-THC as well.

For now, it’s possible to purchase delta 8 products in Alabama as long as they are derived from hemp and not marijuana.

Currently, everything is up in the air, and D8 advocates will have to wait with bated breath. The future of this compound could be hopeful or miserable, depending on what you choose to believe.

For now, it’s possible to purchase delta 8 products in Alabama as long as they are derived from hemp and not marijuana. In the meantime, you can learn more about delta 8-THC and the available products by reading more of the informative articles here at WayofLeaf.

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