Did you know that while there has been attempts to ban Delta-8 in Alabama, hemp-derived Delta-8 products are currently legal in Alabama? Currently, there are no federal or state restrictions on the use, possession, purchase, or sale of Delta-8 in Alabama.
For Delta-8 to be legal on state and federal levels, the hemp it’s derived from must contain no more than 0.3 percent delta-9 THC. CBD and delta-10 THC derived from hemp are also legal and protected under state and federal law.
Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).
Alabama and Delta-8
In 2018, the federal government signed the Agriculture Improvement Act (2018 Farm Bill) — which ultimately removed hemp and all hemp-derived compounds (excluding delta-9 THC) from the definition of cannabis, which is a schedule I controlled substance.
Following the enactment of the 2018 Farm Bill, Alabama’s Republican Governor Kay Ivey signed SB. 225, an important piece of legislation amending its own hemp laws in line with federal law. This means hemp, all hemp derivatives, and hemp products are legal on the state level.
Is Delta-8 a Controlled Substance in Alabama?
To state has enacted amendments to the Food, Drug, and Cosmetic Act Chapter 2, concerning Controlled Substances. The amendment specifically adds the phrasing “except for tetrahydrocannabinols in hemp, as defined in Section 2-8-381.”
According to Section 2-8-381, hemp is defined as “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.”
Therefore, Delta-8-THC derived from legal hemp material is not considered a controlled substance in Alabama.