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Is Delta 8 legal in Alabama?

January 2022

After several years of its start, medical marijuana was signed into law in Alabama in 2020. The state has legalized CBD years before medical marijuana.

With all of the above said, the recreational use of marijuana is still illegal in the Cotton State of Alabama.

Delta 8 thc legal in alabama

What is Delta 8?

The Delta 8 THC is a derivative from the Cannabis Sativa plants (marijuana and hemp).

This cannabinoid produces the same effect as the Delta 9. The latter is the main component of cannabis that delivers the intoxicating effect marijuana is well known for.

The main difference is that Delta 8 has weaker effects which at times can be more preferred than Delta 9. Users reported that using Delta 8 has lesser effects on functionality.

What is the difference between Delta 8 and Delta 9?

Delta 8 and Delta 9 THC are only some of over 100 cannabinoids present in hemp and marijuana.

Legally, the difference is Delta 9 is illegal with a few exceptions. But Delta 8 made from hemp is legal but unregulated.

US Federal law prohibits Delta 9.

But Delta 8 falls under the category of legal drugs with less than 3% THC component.

Both compounds have the same effects.

But Delta 8 is less potent which means that its effects are milder and they present later than when one uses Delta 9.

The potency of Delta 8 is only half the effect of Delta 9 if taken in the same amount.
It makes Delta 8 popular for users who have full-time jobs. Because the high has fewer effects on their functionality.

Both compounds can be used for medicinal purposes. They can treat certain symptoms and diseases.

What are the positive effects of Delta 8 THC?

If used in recommended or mild doses, Delta 8 can have positive psychoactive effects. 

  • Happiness, uplifting feeling of euphoria
  • Relief from physical pain
  • Helps with insomnia
  • Calmness and concentration
  • Increased appetite
  • Clear-headed sensation

The effects of Delta 8 can last for three to eight hours. 

Unlike smoking pot, Delta 8 often comes in various food products like gummies and candies. 

Delta 8 compound absorption does not happen immediately. And the effects will only kick in at least an hour after ingestion. 


What are the side effects of Delta 8 THC?

Despite the mildness of Delta 8, it still has side effects. 

  • Floating feeling or body high
  • Grogginess or sleepiness
  • Dryness of mouth and eyes
  • Nausea 
  • Feeling of tiredness
  • Short term memory loss
  • Paranoia
  • Anxiety 

This symptom happens if used in large doses. To fight dryness, drink water for hydration. 

Despite all these, there is a need for more intensive studies on the full effects of using Delta 8. 

What are the uses of cannabinoids?

Aside from recreational use, cannabinoids like Delta 8 have a lot of medicinal uses.

Under the Darren Wesley Compassion Act, people with serious diseases can use cannabis. 

As long as they do so with a doctor’s approval.

Serious diseases include:

  • Crohn’s disease
  • AIDS
  • HIV
  • Epilepsy
  • Depression
  • ALS
  • Alzheimer’s 
  • Glaucoma
  • Cancer
  • Post-Traumatic Stress Disorder or PTSD
  • Chronic pain
  • Severe nausea

Administration and dosage are the responsibility of the attending doctor.

Is Delta 8 THC legal in Alabama?

The short answer is YES.

Under the amendments in the Alabama Code, Delta 8 is legal.

Drugs from the cannabis plant that have less than 0.3% THC are not considered controlled substances.

Delta 8 and other hemp derivatives are considered agricultural commodities. As a result, there is no limit to possession when it comes to amount.

But growers and producers need to apply for a license before they start a farm or a business.

Alabama Code and the Delta 8 THC

The Federal Farm Bill of 2018 paved the way for the legalization of Delta 8 THC. Alabama and other states made several amendments to their laws based on the Federal Act.

Here are provisions of the Alabama Code that relates to the regulation of Delta 8:

Under 2-8-381, it defines hemp products as products made from industrial hemp. These include products for consumption and cultivation.

It also defined industrial hemp as Cannabis Sativa plants cultivated by licensed growers.

Industrial hemp is an agricultural crop or an agricultural commodity.
It is legal to grow and produce hemp, but there is a law regulating it. Growers must apply for a license before starting a farm.

Under 20-2-2, it defined marijuana as all parts of Cannabis Sativa and its derivatives.

Marijuana does not include hemp as defined in Section 2-8-381.”

Under 20-2-23, it states that controlled substances do not include TCH from the hemp plant.
It is clear that Delta 8 derived from hemp is legal because they are less potent.

The more potent cannabinoids like Delta 9 are still prohibited and regulated.

PACT Act and Delta 8

Another related law to Delta 8 is the PACT Act. More specifically, it relates to Delta 8 in vape form.

This law requires stores to check identification and age before selling vape products.

Stores that do not follow this are answerable to the law and can be shut down by the ATF.

How to apply for a hemp growers license in Alabama?

The Alabama Department of Agriculture and Industries or ADAI is responsible for the issuance of a grower’s license. 

The ADAI Industrial Hemp Program began when the Farm Bill came into operation in 2014. 

To apply, you must fill out and submit the grower’s application form. You can submit it at the ADAI office or online. 

You also need to submit proof of the following:

  • Criminal background check
  • GPS coordinates of the farm or area 
  • Aerial photographs of farm or area

Lastly, you need to pay an application fee of $200. 

This fee is nonrefundable. It can be in the form of cash, check, or money order payable to the ADAI.

There are no additional charges if you are applying for multiple sites.

Submit all requirements with the application form. 

Who can buy Delta 8 THC?

While Delta 8 is now legal, the law still provides a limitation on the age of people who can buy it.

Under Federal law and the Alabama Code, only people who are aged 21 and above are allowed to buy Delta 8 products.

Also, people do not need to present a prescription before they can buy Delta 8 products.
This is because the use and distribution of Delta 8 products are not regulated.

Is Delta 8 safe?

Delta 8 products come in various forms, including gummies, tinctures, and vapes cartridges. There is are endless choices.

Various products are not approved by the Food and Drug Authority or FDA.

It presents health risks to the users. Since the products did not pass the lab tests for human safety, this creates problems. 

Some products can heavy metals and pesticides that can be harmful. 

The actual Delta 8 chemical in products is safe. But since there is no guarantee of purity, you have to expect health risks.

Another thing is Delta 8 is new, and there are only a handful of studies about its side effects.


Additionally, there is no human study on the addictive properties of this drug.

Like Delta 9 and other dangerous drugs, Delta 8 discriminates against vulnerable populations.

These people are more likely to experience side effects from using Delta 8 products:

  • Kids
  • nursing mothers 
  • pregnant women
  • people with severe heart, respiratory, and other serious diseases


Is Vaping Delta 8 THC safer than ingesting it?

Some studies show that vaporized Delta 8 is much less potent than Delta 9. Scientists found that there is a lesser manifestation of psychoactive effects.

Vaping Delta 8 cartridges can cause lung and respiratory problems. Although there is still debate on whether the Delta 8 THC is the cause of the vitamin E acetate in the vape.

Delta 8 ingestible also has its health risks. Although, it is a little bit more dangerous as some companies do not go through standard health safety tests. Poisoning can result from ingesting pesticides and other chemicals mixed with the products.

We highly advocate using Delta 8 products that are highly tested which is why we provide all lab results on all of our Delta 8 Vapes to ensure you only inhale the purest highest quality distillates that are contaminated-free. 


Delta 8 is a derivative of the hemp plant. It is one of more than a hundred cannabinoids.

Because it has lesser TCH levels than Delta 9, it’s not included in the illegal list of drugs in Federal and State laws. Hence, Delta 8 is legal in the US and most states like Alabama.

But, because it is new, it is not regulated. Many products sold in stores have not passed FDA approval.

Because of this, it presents several health problems. These include poisoning due to harmful chemical components like pesticides.

People ages 21 and above are allowed to use Delta 8 products without fear of legal repercussions.

But when it comes to growing and production, owners and farmers need to have a license.

Bottom line, Delta 8 THC is legal in Alabama and can be used medicinally in moderate amounts.