Delta 8 THC May Be Legal in Alabama for Now But Will That Change?

We know that delta 8 THC has been one of the more controversial cannabinoids to hit the hemp market, thanks to its psychoactive properties that are only somewhat milder than those of delta 9 THC.  But, despite that, delta 8 remains a federally legal cannabinoid thanks to the fact that the law clearly states that hemp products must contain a maximum of 0.3% delta 9 THC, with nothing about actual delta 8.

Since delta 8 THC first emerged on the hemp market a couple of years ago, its popularity has soared beyond the industry’s wildest dreams.  This has also led to a number of states throughout the country banning the cannabinoid entirely.  One state in which delta 8 remains legal is Alabama, but that could change in the future.

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Delta 8 THC and State Laws

Presently, there are 19 states that have banned delta 8 THC, and other states which have been considering outlawing it since its popularity has grown among its citizens.  But, hemp laws throughout the country are tricky, at best.  Most of these states, if not all of them, seem to only prohibit sales of delta 8 within their own state lines, which leaves people wondering what that means for possession of delta 8, as well as purchasing delta 8 from online companies that ship to residences throughout the country.  Most online retailers simply don’t ship delta 8 to states that have banned it, although others see loopholes in state legislature as opportunities to send delta 8 just about everywhere.

Alabama’s Relationship with Delta 8 THC

Alabama is not known for being the most progressive state when it comes to cannabis in general, but they have adhered to the wording of the federal Farm Bill since it passed in 2018, which means that delta 8, and all non-delta 9 cannabinoids in hemp that are intoxicating, can be sold legally.  

According to state legislators, delta 8 THC has been legal in Alabama since the passing of the Farm Bill, and no changes have been made by the state.  In fact, many elected officials in Alabama have invested in the hemp industry, seeing its massive potential for the future, not to mention its increasing profitability.  Undoubtedly, this has benefited them as delta 8 has offered an entirely new, highly profitable submarket to sit alongside that of CBD, or cannabidiol, which came first.

Besides that, the legality of delta 8 THC in Alabama has benefited farmers immensely.  They’re able to grow hemp not just for CBD anymore, but also for delta 8 products.  Many hemp cultivators in the state happily ship batches of their fresh flower to companies that focus their attention on delta 8 formulas like gummies, vapes, tinctures and more.

As it stands, delta 8 THC is easy to purchase in Alabama.  It’s become so popular that it can be found in gas stations and convenience stores, although most will tell you that delta 8 should be purchased from a retailer specializing in hemp, due to higher quality standards and less of a risk for encountering fakes.

Despite its growing popularity, and full legality across Alabama, not everyone is so enthused.  Some lawmakers believe that delta 8 is a direct exploitation of loopholes in federal and state law and should be banned.  Their primary concern is that taking a high dose of delta 8 THC is the same as taking an average dose of delta 9, in terms of its effects, and therefore delta 8’s legality makes no sense in spite of being a milder cannabinoid when it comes to its intoxicating qualities.  Then, there are the concerns about side effects like headaches, paranoia and lightheadedness.  It’s important to point out that there is zero evidence that delta 8 is inherently harmful.  While driving under its influence is dangerous (and illegal), the cannabinoid itself is not known to cause any real major side effects, compared to delta 9.

Another concern among lawmakers is that it’s difficult to test for delta 8 THC if you’re in law enforcement.  Delta 8 and delta 9 are so chemically similar that testing delta 8 for marijuana can end up with a positive result, and this causes a lot of legal headaches for officers.  Some Alabama lawmakers argue that law enforcement does not have the resources to devote so much time to testing delta 8, and that alone is good reason to criminalize it.

And, AL has actually been trying to criminalize the cannabinoid for a while.  An early attempt never gained traction, but in February of 2022, a new bill was proposed to classify delta 8 THC as a schedule 1 controlled substance.  Still, it may not go very far, because many legislators have no intention of passing it, and instead want to regulate the delta 8 market, starting with strict laws requiring that the cannabinoid only gets into the hands of people 21 years of age or older.

For the time-being, then, delta 8 THC is legal in Alabama, and while there is pushback, it seems that the majority are in favor of keeping it on the market.  But, state laws have a habit of changing fast when it comes to cannabinoids, so residents will want to continue to keep their eyes peeled for any new legislation.

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