Alabama is known for its southern hospitality, and the state extends that same welcome to hemp-based CBD. While the state does not have hemp laws of its own, it does abide by the federal ruling that legalized the cultivation, production, distribution and sale of hemp products within the United States.
That said, marijuana-based CBD, which contains more than the federally legal limit of 0.3% THC, is not legal in the state of Alabama unless distributed through its medical marijuana program.
CBD Laws in Alabama: What You Need to Know
Is CBD oil legal in Alabama? To understand the legality of CBD and CBD products in Alabama, it’s best to defer to the federal Agricultural Improvement Act of 2018. It states that industrial hemp is legal for production and distribution across the United States, as long as the hemp contains no more than 0.3% THC. This means that hemp-based CBD oil is legal in Alabama if its THC limit is 0.3% or less.
Marijuana, on the other hand, is classified as any cannabis plant that contains more than 0.3% THC.
Also, in adherence with federal law, Alabama allows for the use of an FDA-approved prescription medication that contains CBD.
Alabama residents who wish to grow, handle, process or store hemp must acquire a license through the Alabama Department of Agriculture and Industries (ADAI), which also established the state’s Industrial Hemp Plan.
This plan stipulates that cultivators must inform the ADAI that they plan to harvest their hemp in Alabama. Before harvest, the ADAI will send an official to the plot to assess the THC potency of the crop. If results show that the cannabis contains more than the legal limit, ADAI will destroy the crop.
Additionally, cultivators and processors cannot transport live hemp plants, viable hemp seeds or harvested hemp with a high THC content, particularly if these crops will be used to produce CBD. If they do, the ADAI will take away their license. Additionally, licensees must conduct all operations at an ADAI-licensed site and close the site to the public.
Legal hemp-based CBD — including hemp-based CBD products like CBD oil — is available to all residents of Alabama who are 18 years old and older. There are no possession limits to CBD products in this state.
Alabama Public Health also released a statement warning residents against CBD additives in food and beverages. Because CBD is not evaluated by the FDA, certain CBD products may contain harmful contaminants and ingredients. Accordingly, CBD-infused foods are illegal in the state of Alabama. Restaurants can still sell hemp CBD separately, however.
Is CBD Legal in Alabama?
In 1913, Alabama legislators outlawed all cannabis plants, including marijuana and hemp. So, is marijuana legal in Alabama? It wasn’t until 2012 that lawmakers introduced marijuana and CBD laws in Alabama, like a house bill to legalize medical marijuana; however, that bill was later rejected.
In 2014, Carly’s Law Alabama approved CBD with less than 0.3% for people with a certain brain condition. Five years later, the state passed HB 96 and SB 98, which decriminalized the possession of marijuana. Then, in 2021, the governor at the time approved a medical marijuana bill, making marijuana-based CBD and other medical marijuana products available to eligible patients.
In August of 2023, Alabama provided cultivator, processor, transporter and dispensary licenses to 24 businesses, which also authorizes them to sell medical marijuana to cardholders.
Additionally, in order to recommend medical marijuana, doctors must obtain permits from the Board of Medical Examiners, complete a course on medical marijuana and be unbiased by not recommending or working with a particular dispensary.
Can I Buy CBD in Alabama?
People 18 and older can buy hemp-based CBD in Alabama. Hemp products are available at wellness centers, pharmacies, grocery stores and vape stores. Patients with a medical marijuana card can also buy marijuana-derived CBD from licensed outlets.
When buying CBD products in person, ensure that the label abides by state laws. In particular, every label should include:
- CBD strain
- THC content
- Purpose and/or intended usage
- Manufacturer and distributor information
- Quantity
- Serving size
- Ingredients list
- Nutritional content
- FDA warning statement
- Code or link to its Certification of Analysis (COA)
- Batch code
- Expiration date
Can I Buy CBD Online?
For convenience, many CBD users choose to shop for their products online. This allows shoppers to compare products across brands and find a product that best matches their needs.
When browsing online, you can ensure that the company is reputable by identifying whether or not its products include a Certification of Analysis (COA). The COA tells consumers that the product was tested by a third-party lab to verify its ingredients list and cannabinoid profile.
For example, Zebra CBD provides an easy-to-use COA database that allows buyers to type in their product label’s code to pull up its unique analysis. In addition to ingredients and potency, the COA will also identify the presence of any harmful contaminants, such as herbicides, pesticides, heavy metals or microbes.
If your desired CBD product does not come with a COA, it’s best practice to pull up a different tab and keep searching for a safe, high-quality CBD product.
Can I Buy CBD at a Dispensary?
As of 2023, Alabama has approved four medical marijuana dispensaries and five additional integrated dispensary locations. However, you cannot buy recreational marijuana at these sites. This includes smokable cannabis flower, hash and concentrates, as well as marijuana paraphernalia used for recreational purposes.
Rather, these locations are only for the legal sale of medical marijuana and medical marijuana CBD products.
Legal Status of CBD in Alabama
Is CBD legal in Alabama? Yes. In Alabama, hemp-based CBD is legal for residents who are 18 years of age and older. The state has also legalized a medical marijuana program that allows eligible patients to buy marijuana products through licensed locations. As the medical marijuana program develops into 2024, keep a lookout for any updates regarding Alabama CBD regulations, which are subject to change.
It’s also important to note that the distribution and sale of CBD-infused foods and beverages is not legal in the state of Alabama.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in Alabama?
Yes, hemp-based CBD products and medical marijuana-based CBD products are legal in Alabama.
2. How old do you have to be to buy CBD in Alabama?
To buy CBD in Alabama, you must be at least 18 years old.
3. Can I sell CBD products in Alabama?
Yes, under state guidelines, retailers can sell, cultivate and process hemp products and plants in Alabama.
Source:
Alabama Cannabis Information. Is CBD Oil Legal In Alabama? https://alabamacannabis.org/cbd
Alabama Public Health. Cannabidiol (CBD) in Food. https://www.alabamapublichealth.gov/blog/2022/10/cbd-food.html
