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Is Delta 8 Legal In Alabama?

Lady Justice with Alabama flag in background showing delta-8

What is delta 8? This up-and-coming compound is growing in popularity faster than medical marijuana and is also raising many questions.


Because it’s delta 8 tetrahydrocannabinol, which means it’s a type of delta 8 THC.

The primary differentiator is that delta 8 isn’t banned in the state and federal laws, while delta 9 is over a specific threshold.

The fact that it’s a type of THC and can get you high makes it a curious plant compound because how is it possible to still enjoy the high without getting in trouble with federal law? 

You may be wondering, is delta 8 legal? Is it in the same category as medical marijuana? In this article, we’ll answer this question and more.

Alabama is notorious for harsh laws toward cannabis in general, so where does delta 8 THC fall within the cotton state? 

Before we dive into answering whether there is a delta 8 THC ban in Alabama, let’s dig a little deeper into what delta 8 THC is are how it compares to recreational marijuana.

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Why Delta 8 THC Is Making Waves?

Delta 8 THC is a hot commodity.

Not only is it a legal high, but it’s actually a good high. Many love it more than delta 9 because it offers a smooth climb without all of the intense side effects found in delta 9 or recreational marijuana.

Delta 8 THC legality has come into question not only because it’s a type of THC but because it’s new. 

Delta 8 THC Vs. Delta 9 THC

If you’re curious about the differences between delta 8 vs. delta 9, you can learn more at Delta North. Delta 9 is a major compound found in industrial hemp products, while delta 8 THC is a minor compound.

They both offer a different high, too, because of how they interact with the endocannabinoid system.

While the delta 8 THC high is less intense than delta 9 or medical cannabis, it aligns with the saying that “less is more.” You won’t be disappointed trying this soothing and uplifting plant compound.

Many states are passing legislation that bans delta 8 THC claiming that it is a synthetically derived compound because it’s created by converting industrial hemp plants and other compounds into delta 8.

The language during Prohibition times tried to say that any derivatives of the hemp plant were illegal, but the 2018 Farm Bill changed all of that. 

State And Federal Legislation

The 2018 federal government-signed Farm Bill states that any part of the cannabis plant and its derivatives under 0.3% delta 9 THC is legal.

Many states are calling into question, especially those with anti-hemp plants laws, whether delta 8 THC is a synthetic or natural derivative of the plant.

Of course, it’s a plant-based derivative, but each state is allowed its own interpretation of the law. 

Is delta 8 legal in Alabama? Yes, it is. Similar in some ways to medical cannabis. We’ll go into it more in the next section.

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Is Delta 8 Legal In Alabama? What Is Its Legal Status?

As we’ve discussed, delta 8, delta 9, and delta 10 aren’t the same thing, and therefore have different laws surrounding them.

Right now, Delta 8 THC from the hemp plant is legal in AL, unlike medical marijuana according to state and federal law. And that’s because Alabama interprets the 2018 Farm Bill as it’s written, and views delta 8 THC as a natural derivative of the hemp plant. 

Because Alabama law and federal law exist in the gray area, delta 8 THC remains legal for now.

Some states have succeeded in changing delta 8's legal status and in some cases outright prohibiting delta 8, but as of right now, a delta 8 ban in Alabama does not exist even though recent legislation attempted to prevent the sale of it. 

Let’s look at the legality of the different types of THC.

The Current Legal Status In Alabama

Delta 8 THC is legal under federal and Alabama law as long as it contains less than 0.3% delta 9 THC. 

Delta 9 THC above 0.3% is illegal in Alabama, with harsh punishment for growing, purchasing, or carrying it. 

Delta 10 THC is legal in Alabama due to the same reasons as delta 8. As long as it contains less than 0.3% delta 9, it can be purchased and consumed. 

Because Alabama hemp laws and federal hemp laws are so similar, it’s important to understand what federal law has contributed to the hemp world.

How The Farm Bill Impacted Delta 8 THC In Alabama

Federal law is distinguished in the 2018 Farm Bill, and before the farm bill, all hemp-derived products, including hemp and other derivatives, were illegal and punishable by law.

The 2018 Farm Bill has multiple parts, with one of the significant aspects being the legalization of industrial hemp derivatives that contain less than 0.3% delta 9 THC on a dry weight basis.

The 2018 Farm Bill also allows for broad industrial hemp cultivation, although it’s still not a free system without regulations. 

Currently, in Alabama, there have been no major shifts from the language of the 2018 Farm Bill, and for the most part, delta 8 THC from industrial hemp has been left well alone in legislation.

Recent Updates

This year, Alabama became the second Deep South state to sign the legislation into state law supporting a very restrictive medical hemp program.

If you’re a delta 8 THC lover looking where to buy delta 8 THC in Alabama, you can find the highest quality delta 8 online.

Purchasing in shops may be a little more complicated, especially with such an anti-hemp state, but not impossible.

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Where To Buy Delta 8 In Alabama

Are you curious about where to buy delta 8 THC in Alabama?

Look no further.

The best course of action for purchasing delta 8 THC in Alabama is through reputable online retailers.

Buying online helps mitigate some of the fears and risks often associated with hemp in this state.

Alabama's Attitude On Delta 8 THC

Alabama isn’t known for its friendly attitude toward the plant.

Even the new medical program legislation prevents the products from being sold in the form of flower, edibles, and more. 

Talk about taking all of the fun out of things. While it’s difficult to comprehend why consuming legal hemp products is any more “risky” in the form of delta 8 edibles versus in a capsule, you’re still getting the same stuff. 

Thankfully, you don’t have to worry about that.

What To Think About When Purchasing Delta 8 In Alabama

You can purchase delta 8 gummies 1000mg without worrying about breaking the law because the laws aren’t written about this product.

When you are buying online you can:

  • Ensure the product is compliant with federal and state law by verifying the third-party lab testing results. These results show the cannabinoid profile and make sure it’s free from harmful pesticides, herbicides, residual solvents, and more.
  • Learn more about the processes surrounding the delta 8 products you’re buying. When you’re in a dispensary, there’s a different kind of pressure to buy without having all of the information you want. When you shop delta 8 online, you can take your time learning.
  • Avoid any concerns about shopping for hemp-related products in a state that has harsh measures for different compounds in the plant. While delta 8 THC is legal in Alabama, a person is still up against differing viewpoints with law enforcement, especially if they don’t understand the difference between delta 8 THC and delta 9 THC. 

Do I need a medical card to buy delta 8 in Alabama? 

No, you don’t.

There isn’t a delta 8 ban Alabama, so you don’t need a medical card to buy it. However, if it was from the cannabis Sativa plant you would as it would likely be considered under the controlled substances list.

The most important thing to remember when purchasing delta 8 is to check its Certificate of Analysis.

Delta 8 THC Regulations

Because delta 8 THC is not a regulated market, it’s possible for subpar products to hit shelves and online stores.

It might seem confusing how you could purchase delta 8 THC in a state that is so strict on growing hemp and recreational use of delta 9 (as in delta 9 is illegal with harsh penalties), but never fear.

You can order delta 8 gummies right here on our website and have them shipped to your door entirely legally.

Delta 8 THC is the legal high you’ve been after, especially in a state that has worked hard to prevent such things.

Can I travel to Alabama with delta 8? 

Traveling across state lines with any controversial products carries its own risks. You never know who you’re going to run into or what their views are.

Unfortunately, state law enforcement holds a lot of power, as do other government officials. When traveling to and from any state with differing laws on hemp-related products, it’s best to do your research and make informed choices. 

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The Future Of Delta 8 In Alabama

Is delta 8 THC legal in Alabama right now?

Yes, it is.

But what about the future of delta 8 in Alabama? It’s hard to predict what any future hemp laws will be in most states because they’re constantly changing based on who holds certain political offices and the current laws and attitudes towards the thing. 

Delta 9 THC In Alabama

In Alabama, delta 9 is prohibited over 0.3%. Really, it would be bad luck to be found with any kind of illegal delta 9 because the penalties are wild.

With that being the case, and with many states trying to regulate or ban delta 8, it’s unsure whether there will be a delta 8 THC ban in Alabama or if it’ll continue to slide under the radar — to the benefit of Alabamans. 

How To Influence Delta 8 THC In AL

To help influence the future of delta 8 in Alabama, and even delta 9, it’s best to use your voice where it can be heard.

How Support Groups Are Affecting State And Federal Law

Support groups doing good work in government like the U.S. Hemp Roundtable and continue to support businesses like Delta North committed to extensive taste and third-party lab testing to ensure the highest quality, compliant delta 8 products.

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The Takeaway

Delta 8 is legal under federal law according to state and federal legislation, and you can purchase it right here at Delta North. You can learn more about the legality of delta 8 THC on our page, Is Delta 8 Legal.

Alabama is passing legislation that forms medical marijuana programs. These are largely supported by organizations such as the Alabama Cannabis Industry Association.

The situation is a constantly evolving thing, so it’s always a good idea to stay up-to-date on current hemp products laws in your state.

Legal Disclaimer: You should still consult an attorney for the best legal advice around state law regarding Delta 8 & medical marijuana in your state. Material shared here is for informational purposes only. For any medical emergency always visit your hospital or emergency room.

author avatar
Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.


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