Is Delta-8 Legal in Alabama flag

Is Delta-8 legal in Alabama?

Yes, hemp-derived Delta-8 THC is legal in Alabama, according to the Farm Bill and Alabama’s own rules. Keep reading for more info about delta-8 and the way state lawmakers have treated this new and fascinating cannabinoid from the cannabis plant. Click here to order the finest Delta-8 products online!  

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when a person consumes cannabinoids, the cannabinoids have an effect on the human endocannabinoid system. The endocannabinoid system uses the cannabinoids as neurotransmitters that work on the cannabinoid receptors throughout the human body. ​​

The endocannabinoid system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic needs. In some places legislators understand its benefits and are onboard with Delta-8 and Alabama state lawmakers allow it. 

What’s the difference between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the psychoactive substance in cannabis. 

What is an isomer?

An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties. 

Chemically speaking, the molecule that makes these three types of THC is very similar. The main difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels.

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What do “hemp-derived” and “industrial hemp” mean?

Hemp-derived means made from hemp, also known as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. 

These cannabinoids and others are federally-compliant for use in many inhalable, edible, and topical hemp products.

What is the Farm Bill and does federal law make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States, and supercharged the hemp industry. For many years in the United States, cannabis was illegal whether or not it contained THC, which comes from the cannabis plant. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

What is the definition of hemp? 

Hemp. — The term `hemp’ means the plant 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, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third party tested hemp. 

How do you buy high quality Delta-8?

You should always buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. 

A bad extraction method or poor processing of Delta-8 hemp plants or hemp products may lead to degradation of the compound, inaccurate potency, or harmful by-products. So the processing standards of Delta-8 THC are critical for its quality, safety and legality.

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You should only purchase Delta-8 from producers who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

For best reliability, producers should use third-party lab testing and publish the results. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities are familiar with federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party testing CoAs for each and every product from our velvety 100mg Delta-8 Gummies to our tasty Delta-8 THC Flower

Where is Delta-8 THC legal? 

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided  they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their borders. It’s confusing for Americans but is the current situation. 

Where to buy Delta-8 in Alabama

In Alabama you can find Delta-8 in stores or you can always use the convenience of Earthy Select’s direct delivery service! We sell potent Delta-8 gummies, flower, lozenges, tablets, tinctures and vapes. Satisfaction guaranteed! 

Delta-8 and Alabama’s laws

Alabama has for several years allowed certain hemp-derived products and has more recently expanded access to certain cannabinoids. Here is a collection of some resources related to Delta-8 in Alabama. 

Alabama Senate Bill 174 (Carly’s Law)

Senate Bill 174 (Carly’s Law) was signed on April 1, 2014 and granted protection to people who use CBD products for debilitating epilepsy and seizures under certain conditions only. 

Alabama House Bill 61 (Leni’s Law) 

House Bill 61 (Leni’s Law) was signed on May 4, 2016. Named for Leni Young, who used CBD to treat seizures. HB61 expanded the conditions that qualify as debilitating conditions that produce seizures. Only patients could access CBD with prescription to Epidiolex, the only FDA-approved CBD treatment.

2016 Alabama Industrial Hemp Research Program Act

2016 Alabama Industrial Hemp Research Program Act

This law started the licensing and inspection program for industrial hemp production run by the Alabama Department of Agriculture and Industries (ADAI). 

Alabama Senate Bill 225

Senate Bill 225 was signed in June 2019, and removed THC derived from hemp from the controlled substances list. It required the Department of Agriculture and Industries, in consultation with the Governor and Attorney General, to develop a plan for monitoring and regulating the production of hemp. 

Recent news on Delta-8

Senator Orr authored a measure to ban Delta-8 that failed in April 2021. He has stated he does not plan to reintroduce similar legislation [4]. The DEA sent a letter to the Alabama Board of Pharmacy (ALBOP) in September 2021 restating that cannabis with less than .3% Delta 9 THC is defined as hemp and is not a controlled substance [5]. This is good reinforcement that Delta-8 is legal in Alabama.

Medical marijuana and recreational marijuana in Alabama

Alabama state law says the legal status of marijuana is that it’s still a controlled substance, and the law does not allow people to use recreational marijuana. For now it needs to come from hemp plants to be legal. State and federal law agrees that material from a cannabis plant with less than .3% Delta-9 THC is a hemp plant, and one with more than .3% Delta-9 THC is a marijuana plant.  

Many states have passed legislation to allow the use of medical marijuana, even though the federal government and federal law keep it in a confusing legal status. Some industry experts foresee federal legalization in the near future, but action at the federal level remains a dream to many people. 

Alabama SB 46

In 2021 the Alabama Senate introduced SB 46 and it passed, allowing limited ability for people to use medical cannabis for certain conditions, under a doctor’s direction.  

Conditions for physician directed use of medical marijuana in Alabama

State lawmakers approved certain medical conditions which warrant the use of medical marijuana. These are generally serious indications such as related to brain and spinal cord and central nervous system issues. 

  • Autism
  • Cancer-related weight loss or chronic pain
  • Crohn’s disease
  • Depression
  • Epilepsy or condition causing seizures
  • HIV/AIDS-related nausea or weight loss
  • Panic disorder
  • Parkinson’s
  • Persistent nausea not related to pregnancy
  • PTSD
  • Sickle cell
  • Spasticity associated with diseases including ALS and multiple sclerosis, and spinal cord injuries
  • Terminal illnesses
  • Tourette’s
  • Chronic pain for which conventional therapies and opiates should not be used or are ineffective [6]. 

Final thoughts on Delta-8 in Alabama

Alabamans are fortunately free to use Delta-8 THC. There are lots of options out there but we think you’ll love Earthy Select’s premium Delta-8, available for online order and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.



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Frequently Asked Questions

Does Delta-8 THC get you high?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. 

You may feel “high” after using THC products — please use them responsibly.

Does Delta-8 stay in your system a long time?

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion. 

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system. 

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. 

How are THC and CBD different?

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure. 

A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.” CBD is not psychoactive and is used for therapeutic effects of its own. 

How do you take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are even an option for dabbing. Tablets and lozenges are great for easy maintenance. Delta-8 is available in a form that’s right for everyone (21 or older 🙂 ). 

Is Delta-8 stronger than Delta-9?

They are both forms of THC that can be derived from hemp or marijuana, and both can have strong effects. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC per dry weight. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have one-half to two-thirds the strength of Delta-9. 

Will you fail a drug test for Delta-8?

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking a drug test, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.