Delta-8 THC Is Legal for Adults in Alabama (But Not Minors)

Alabama banned delta-8 THC for minors, but sales to adults are legal.

Written by

Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

CBD Oracle's Editorial Process

Fact checked byNeil Willner

Fact checked by

Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

CBD Oracle's Editorial Process

CBD Oracle Fact Checking Standards

Our expert reviewers ensure that every article on CBD Oracle is factual and well-sourced. This tag means that the content has been independently reviewed by a qualified expert in a relevant field prior to publishing and before any major revisions, with a focus on accuracy and reliability. If we can’t source good evidence for a claim, we don’t publish it.


Learn more about our Editorial Guidelines.

Delta-8 THC flower grown in Alabama
Advertisement for THCA flower

Delta-8 THC is legally available in Alabama, with the state generally following the guidelines set by the 2018 Farm Bill.

While many states have since taken action to regulate the process used to make delta-8 THC, or begun including it in the overall calculation of the allowable THC in hemp, Alabama lawmakers have simply passed an additional bill limiting its sale to adults aged 21 or over.

This isn’t the only delta-8 THC law in Alabama you should know about, though, so we’ve put together some answers to the most common questions you might have.  

Delta-8 THC is legal to sell in Alabama, after the state passed its version of the federal Farm Bill in 2019. 

Alabama passed Senate Bill (SB) 225 in 2019, which followed the blueprint laid down by the federal Farm Bill of 2018. This means that it legalized hemp under the definition that it is a cannabis plant with less than 0.3% delta-9 THC, including “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.” This wording is widely considered to legalize delta-8 THC provided that the level of delta-9 THC is below 0.3%. 

RELATED: Which States Legalized Delta-8 THC?

Delta-8 THC Legislation Timeline for Alabama 

Alabama first legalized delta-8 THC in 2019 and passed age restrictions in 2023. 

In 2018, the federal government signed the Agriculture Improvement Act (2018 Farm Bill). It removed hemp and all hemp-derived compounds from the definitions of marijuana and THC, which are Schedule I controlled substances.  

The signing of the 2018 Farm Bill meant delta-8 and delta-10 THC became legal in all 50 states and Washington DC on the federal level.  

In 2019, 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, hemp derivatives, and hemp products are legal at the state level, including delta-8 and delta-10 THC.  

At the beginning of 2021, delta-8 THC’s future in Alabama didn’t look good. The Alabama Senate passed House Bill 2, a piece of legislation originally seeking to ban tianeptine in the state of Alabama. The Senate Judiciary Committee then added a controversial amendment to the bill that would see delta-8 and delta-10 placed on the state’s own list of controlled substances.  

In the end, the House Health Committee rejected the amendment, despite the bill’s author, Sen. Arthur Orr, requesting it to be tabled for a later date. As it stands, delta-8, delta-10, and other THC variants are still legal in Alabama.  

In 2023, the legislature passed SB 66, a short bill that restricts the sale and possession of psychoactive hemp cannabinoids to adults aged 21 or over.  

Can Delta-8 THC Be Added to Food? 

Delta-8 THC cannot be added to food in Alabama. The FDA considers any food containing delta-8 THC to be adulterated, and Alabama law doesn’t have any provisions to change this. 

According to the FDA’s interpretation of the federal Food, Drug and Cosmetic Act, delta-8 THC is an unapproved food additive, and so cannot be added to food entering interstate commerce. SB 225, while legalizing hemp and including “food” in its definition of hemp product (section 2-8-381(3)/page 3), does not state that foods containing hemp are not adulterated. This leaves federal law as the deciding factor, and as such, foods containing hemp are not allowed in the state. 

Despite this, delta-8 THC edibles are openly sold in Alabama. 

Can You Buy Delta-8 in Alabama? 

Hemp-derived delta-8 THC gummies
Hemp-derived delta-8 THC products are legal to buy in Alabama. Photo: CBD Oracle

Delta-8 THC products are available for sale in Alabama, both from brick-and-mortar stores and online. 


Delta-8 Alternatives You Can Legally Buy in Alabama 

Delta-10, delta-7 and other THC isomers are available in Alabama, by the same argument that delta-8 THC is generally considered legal.   

RELATED: Delta-8 vs. Delta-10 THC: Which Is Stronger?

Are There Age Restrictions on Delta-8 THC Products?

SB 66 was passed in May 2023, which prohibits the sale of delta-8 THC, delta-10 THC and any psychoactive cannabinoid found in hemp to anyone aged under 21 (section 1(a)/PDF page 3). This came into effect on August 1st, 2023. 

Can You Consume Delta-8 THC in Public in Alabama? 

Medical marijuana grown in Alabama

There is no law addressing the public use of hemp products such as delta-8 THC in Alabama. Technically the only restriction is that you can’t smoke in a place where smoking cigarettes is banned

Alabama hemp law does not address the issue of public use, so technically there are only very basic restrictions for smoking. However, it’s likely that smoking delta-8 THC will be confused with smoking marijuana, so if you do so and are caught, you will have some explaining to do. In short, you can do it but people are unlikely to view it favorably. 

Can You Drive Under the Influence of Delta-8 THC in Alabama? 

No. Alabama law prohibits driving under the influence of any substance that impairs your ability to drive. 

Alabama’s DUI law states that you cannot drive while “under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.” This includes delta-8 THC by default, even though it is exempted from the state’s controlled substances list if part of hemp.   

Punishments in the first instance include imprisonment for up to 1 year, a fine of between $600 and $2,100 or both. Additionally, your license will be suspended for 90 days. 

RELATED: How Long Does Delta-8 Stay in Your System?

Can You Travel to Alabama With Delta-8? 

Yes, you can travel to Alabama with delta-8 THC. Pending upcoming changes to the Farm Bill, delta-8 THC is widely considered to be legal both at the federal level and in Alabama. 

The prevailing argument is that the 2018 Farm Bill legalized hemp-derived delta-8 THC at the federal level, and accordingly, the Transport Security Administration (TSA) does not consider hemp products to be prohibited on flights. It’s a good idea to bring a certificate of analysis (COA) for the product or products with you so you can prove that it’s compliant hemp. 

Closing Thoughts: The Future for Delta-8 in Alabama 

Legislators passed a bill limiting the sale of delta-8 THC and other intoxicating cannabinoids to adults aged 21 or over this year, and there is no further legislation pending on the topic. Lawmakers were generally positive about the change, and with nothing else proposed on the issue, it appears they are satisfied with the situation. 

However, the 2023 update to the Farm Bill and other federal changes will likely make changes for delta-8 THC across much of the nation, and Alabama is no exception to this.