Delta 8 THC is a unique cannabinoid found in the hemp plant that is quickly expanding in popularity nationwide, as it offers promising applications in both the medical and recreational fields. While Delta 8 THC features familiar chemical properties to the main chemical found in marijuana, Delta 9 THC, it has completely different effects and less potency.
But is Delta 8 THC legal in Alabama?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Alabama
As of 09/22/2021, Delta 8 THC is legal according to Alabama state law. Like the federal law, Alabama has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
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The proper bills follow:
ALABAMA CODE 2-8-381
Relating to hemp; to amend Sections 2-8-381, 2-8-383, 20-2-2, Code of Alabama 1975, and 20-2-23 as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975; to require 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, and submit the plan to the federal Secretary of Agriculture; to exclude from Schedule I controlled substances classified as tetrahydrocannabinols (THCs) derived from hemp; and to revise definitions.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP or HEMP. 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, 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. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.
(14) MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include hemp as defined in Section 2-8-381.
(b) The controlled substances listed in this section are included in Schedule I:
(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
q. Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp, as defined in Section 2-8-381.
Cannabis Policy in Alabama
Last year, the Alabama Senate Judiciary Committee unanimously approved SB 98 11-0, which states that those caught with at most one ounce of marijuana would only be punished by a $250 fine for the first two offenses, and a $500 fine for any subsequent offenses.
The future of Medical marijuana in Alabama was looking bright, even going as far as the Alabama Senate approving the Compassion Act - SB165 - with a 22 - 11 vote. Unfortunately, while it seemed to have strong support in the House, the COVID-19 Pandemic derailed the legislative session and the bill has yet to receive a house vote. Although this is a huge setback for those eager to see medical cannabis come to Alabama, the future's still bright and everyone is hoping for a vote to come soon.
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