Alabama, also known as the Heart of Dixie State, is known for its rich history, diverse landscapes, and friendly communities. People are attracted to Alabama for its beautiful Gulf Coast beaches, historic Civil Rights landmarks, and rolling hills of the Appalachian Mountains. The state is also known for its bustling city life in Birmingham and Montgomery, as well as its rich musical heritage, including blues, jazz, and country music. If you plan on making a trip any time soon, you best read up on the local weed laws.
Is Weed Legal in Alabama? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
As of today, Alabama has taken steps towards legalizing medical cannabis. A bill was passed by the state legislature in 2021 that would allow for the production of medical cannabis by licensed growers, processors, and distributors. The program is expected to offer access to medical cannabis for patients with qualifying conditions.
According to the Alabama Medical Cannabis Commission (AMCC), the earliest the program could be in effect is by the end of 2023. The AMCC has spent several months developing the rules, regulations, and databases for the program, and the final rules are set to be approved in August of 2023. The licensing process is expected to begin in September, with applications being made available in October.
The list of qualifying conditions that allow the use of cannabis treatment are:
- Autism Spectrum Disorder
- Cancer-related cachexia (weight or muscle loss), nausea or vomiting, weight loss, or chronic pain
- Crohn’s Disease
- Depression
- Epilepsy or a condition causing seizures.
- HIV/AIDS-related nausea or weight loss
- Panic Disorder
- Parkinson’s Disease
- Persistent nausea
- Post-Traumatic Stress Disorder (PTSD)
- Sickle Cell Anemia
- Spasticity associated with Multiple Sclerosis or spinal cord injury
- A terminal illness
- Tourette’s Syndrome
- A condition causing chronic or intractable pain
Regarding the use of medical marijuana once it becomes available, patients will not be permitted to smoke dried flower or consume it in the form of edibles, such as brownies, cookies, or candies. Instead, medical dispensaries will only be allowed to provide cannabidiol in various forms, including tablets, capsules, gelatins, oils, topical gels and creams, suppositories, patches, or inhalable oils. Additionally, the law specifies that the medical marijuana products will only be offered in a single flavor: Peach.
Patients will be permitted to consume up to 50 milligrams of legal medical cannabis per day. After three months, a physician may increase the daily dosage to 75 milligrams if deemed necessary. There will be no limit on the amount of medical cannabis that can be consumed for those with terminal illnesses.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in Alabama?
At present, the state of Alabama has not legalized marijuana use or possession, however, local authorities do have the discretion to partially decriminalize it.
Cannabinoid Variants
Okay, so what you really want to know is if your preferred strain is legal under the current Alabama laws, right? Let’s dive in and find out all the answers you’re looking for.
Is CBD legal in Alabama?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and it’s absolutely legal in Alabama.
Is Delta-8 legal in Alabama?
The laws regarding cannabis in Alabama mirror federal laws. Since the passage of the 2018 Farm Bill, Alabama law has not banned the sale of Delta-8 THC and other hemp derivatives, which is consistent with federal law. As Alabama’s laws regarding Delta-8 THC are in line with federal law, it is essential to examine the provisions of the 2018 Farm Bill, which governs this issue at the federal level.
Is Delta-10 legal in Alabama?
Delta-10 THC is legal both in the United States and in Alabama according to federal and state law. In accordance with federal law, Alabama has specifically legalized all hemp products that contain no more than 0.3% of hemp-derived Delta-9 THC concentrations in a product, if it does it will be characterized as “weed” and is illegal. These laws, which have made CBD widely available in the state, are often the same laws that apply to Delta 10 THC.
Are THC-O and other THC variants legal in Alabama?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Alabama?
It may be surprising, but HHC and HHC-O are actually derivatives of THC that originate from the hemp plant. These variants offer a milder effect with various advantages to users. Similar to other alternative cannabinoids, HHC and HHC-O are legally permitted in Alabama as long as they contain less than 0.3% Delta-9 THC.
Cultivation Laws
In Alabama, the cultivation and possession of marijuana is still illegal. Despite the increasing recognition of medical marijuana’s benefits, the state has not legalized its use, making all forms of cultivation a criminal offense. If someone is found to be growing marijuana, even for personal use, they could be charged with trafficking in cannabis, which is a serious felony carrying a minimum sentence of three years in prison and a fine of up to $25,000.
Obtaining a Medical Marijuana Card in Alabama
In order to obtain a medical marijuana card when the program is implemented, patients must be diagnosed with one of the qualifying conditions by a licensed physician who is participating in the medical cannabis program and has an established relationship with the patient. The physician will need to provide documentation, including a physical exam, evidence that traditional treatments have been tried, and a treatment plan.
Patients must sign a consent form and register in a database to receive the card, costing up to $65, which allows purchases only from licensed dispensaries.
Where to Buy Weed in Alabama
Excited about the new medical marijuana program in Alabama, aren’t you? And once you obtain your card, you’ll want to know where to go to purchase the products. Here’s all the information we’ve gathered so far, even though the program hasn’t officially launched 100% yet.
Dispensaries
As of now there are no dispensaries operating in Alabama. However, according to the Alabama Medical Cannabis Commission, patients will be able to buy cannabis from licensed dispensaries starting from the latter half of 2023, and more dispensaries will be granted licenses and permission to open in early 2024. It’s important to note that recreational purchase will still not be permitted under Alabama law.
Delivery
Unfortunately, delivery options for medical cannabis are not available at the moment. However, as the medical marijuana program expands and more dispensaries open, the possibility of delivery may become available in the future.
Direct to Consumer
With direct-to-consumer sales, customers have the option to buy cannabis directly from brands rather than visiting a dispensary. This is usually accomplished through a partnership between the brand and a delivery service, with the sales of their product available on the brand’s website. However, it remains uncertain if direct-to-consumer sales will be offered in Alabama once their medical marijuana program is established.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Efforts to Legalize Recreational Weed in Alabama
In Alabama, the legislative session started on January 11, 2022, with expectations for continued cannabis reform. No changes have been proposed for the medical program yet, but Sen. Bobby Singleton has reintroduced a bill to decriminalize cannabis possession. The bill proposes reducing the penalty for possession of less than two ounces to a violation and a fine of $250 for the first offense, $500 for the second, and $750 for the third and subsequent offenses.
Currently, personal use possession, even in small amounts, is a misdemeanor that carries up to a year in jail and/or a fine of up to $6,000. Alabama is one of only 19 states that still criminalizes simple possession of cannabis. A similar bill, SB 149, was advanced in a 6-3 vote by the Senate Judiciary Committee but was postponed indefinitely.
The ability to sign a petition is a way for individuals to make their voice heard and show support for a cause. One such petition is available on Change.org, calling for the legalization of recreational marijuana in Alabama. By signing this petition, you can join others in advocating for this change and potentially bring attention to the issue. It is important to note, however, that signing a petition is just one way to make a difference and actual legalization will depend on the actions of state legislators and other officials.
Is Drug Testing Legal in Alabama?
Employers in Alabama are not required by law to conduct drug testing, but if they choose to do so, they must follow certain guidelines to ensure fairness and accuracy. The most commonly used method for detecting THC in the body is urine drug testing, with a threshold of 50 ng/mL for THC-COOH.
Employers may choose to prohibit the use of marijuana, even for medical purposes, and may test for it as part of their drug testing program. Drug Testing is difficult to overcome without abstinence, but Detox Drinks, Detox Kits, Herbal Teas, Certo and Water Pills are often attempted with varied outcomes. To protect employee privacy and ensure accuracy, employers must provide notice to employees about the drug testing policy and use a certified laboratory to conduct the testing. If you have specific questions about an employer’s drug testing policy, it’s best to consult with a legal professional or the employer’s HR department.
General FAQ
Where can you smoke weed in Alabama?
It’s currently illegal to smoke weed anywhere in Alabama. But hey, at least you can enjoy the beautiful scenery and southern hospitality without the haze.
Can you smoke weed in public in Alabama?
Unfortunately, you can’t smoke weed in public because like we said earlier, it’s still illegal in this state.
When was medical weed legalized in Alabama?
Medical cannabis became legal in Alabama in 2021, thanks to a bill that was passed by the state legislature and signed into law by Governor Kay Ivey. However, it’s not quite “legal” yet. The rules and regulations are still being worked out, so hold tight a little longer.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
In Alabama, it is illegal to sell, deliver, or distribute marijuana and other controlled substances. The unauthorized distribution of marijuana is considered a Class B felony, which can result in a sentence of 2-10 years in prison and a fine of up to $30,000. The trafficking of cannabis or any other form of marijuana, such as hash, seeds, or synthetic THC, is considered a Class A felony. The mandatory minimum sentences for trafficking depend on the amount of marijuana involved:
For trafficking between 1 kilogram and 100 pounds of marijuana, the minimum sentence is 3 years in prison and a mandatory fine of $25,000.
For trafficking between 100 and 500 pounds of marijuana, the minimum sentence is 5 years in prison and a mandatory fine of $50,000.
For trafficking between 500 and 1000 pounds of marijuana, the minimum sentence is 15 years in prison and a mandatory fine of $200,000.
For trafficking over 1000 pounds of marijuana, the penalty is life imprisonment without the possibility of parole.
What is the penalty for selling to a minor?
In Alabama, the sale of marijuana to minors is taken very seriously. If you are over 18 years old and sell marijuana to someone under 18, you could face severe consequences. The offense is upgraded to a Class A felony, which can result in 10-99 years or even life imprisonment, as well as a fine of up to $60,000. Additionally, if you are caught selling marijuana within 3 miles of a public or private school or university, you will face an additional 5-year sentence, during which probation is not an option. This demonstrates the state’s commitment to protecting its youth from the dangers of drug sales.
What is possession with the intent to sell?
In Alabama, there are two categories of illegal possession of marijuana. The first category, known as first-degree possession, is for individuals who possess marijuana for reasons other than personal use, or for personal use after a previous conviction for marijuana possession. This is considered a Class C felony and is punishable by up to 10 years in prison and a fine of up to $15,000.
The second category, referred to as second-degree possession, is for individuals who possess marijuana for personal use only. This is considered a Class A misdemeanor, the highest level of misdemeanor in the state. Consequences for this offense can include up to a year in jail and a fine of up to $6,000.
When is possession a crime?
Possession is a crime if you possess more than the allotted legal limit, or if you are suspected of intent to distribute.
