Delta 8 THC’s Legality in Alabama | Did State Lawmakers Ban Delta 8?

Delta 8 Alabama

After several attempts to ban it, delta 8 THC still stands in Alabama. Under SB 66, passed in May 2023, delta 8 THC products derived from hemp can be sold to adults 21 and older. 

The laws concerning delta 8 THC are subject to change and vary by state and local jurisdiction. Is delta 8 legal in Alabama? Let’s take a look. 

Last Update: August 23, 2023


  • The manufacture, distribution, sale, and possession of delta 8 THC products derived from hemp is legal in Alabama.
  • Under SB 66, delta 8 THC products can be sold only to adults 21 and older. The bill applies to delta 10 and other hemp-derived “psychoactive cannabinoids.”
  • Alabama was on the brink of criminalizing delta 8 products back in 2021 but decided against it.
  • Medical marijuana is legal in this state, while recreational cannabis remains illegal.

Is Delta 8 THC in Alabama Legal? 

Yes, hemp-derived delta 8 THC is legal in Alabama and can be sold to adults 21 and older. 

Alabama doesn’t prohibit the manufacture, distribution, sale, and possession of delta 8 THC products derived from hemp. The state has imposed age restrictions on who can buy these products, but other than that, delta 8 remains lawful in this state.

Under SB 66, passed in May 2023, only adults 21 and older can buy and possess delta 8 THC products derived from hemp. Possession of delta 8 products by people under 21 is punishable by a Class B misdemeanor.

In 2021, Alabama lawmakers were working adamantly to ban D8 products but decided against passing the controversial amendment. The amendment was supposed to add delta 8 and delta 10 to the controlled substances list. 

Therefore, D8 is readily available to buy in the Cotton State. Alabama’s state law legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. 

This means that delta 8 THC derived from legally grown hemp material is not considered a controlled substance in Alabama. 

State law doesn’t impose any possession limits for D8 products. Any product that contains or is manufactured using cannabis with over 0.3% is classified as marijuana and is illegal.

Illegal possession of cannabis for personal use is punishable by a fine (up to $6000) and incarceration in local county jail.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Alabama?

You can find the vast majority of D8 in local CBD shops, but also in convenience stores and gas stations.

Because the manufacture of these products is unregulated, it’s vital to double-check their source of origin. Regardless of the product you’re buying, make sure you check the manufacturer and ask for a lab test or a Certificate of Analysis.

Can I Buy Delta 8 Online?

Absolutely, if you live in Alabama, it’s a smart move to order delta 8 THC online. It’s the safest and most convenient way to get a consistent supply of D8 shipped to your door. 

At Mr. Hemp Flower, our D8 products comply with the 2018 Farm Bill. Every product offered on our website comes with a Certificate of Analysis and has hundreds of reviews from real customers. We ship to all friendly states and offer products tested by third-party, reputable labs.

How to Use Delta 8 THC

There are several ways to consume this cannabinoid, including:

Hemp Flower and Pre-rolls

If you’re all about the classics, choosing D8 flowers is a good call. At Mr. Hemp Flower, you can get premium D8 buds with the strongest potency and smoothest flavors available.

One of the most convenient ways to consume D8 is by using pre-rolls. The pre-rolls from Mr. Hemp Flower offer tasty flavor, smooth smoke, and adequate potency.


A convenient and delicious way to get D8, our delta 8 gummies come in a variety of flavors. They are lab-tested and come in various strengths and varieties.

Edibles, concentrates, and capsules

At Mr. Hemp Flower, we offer a wide variety of D8 edibles, concentrates and capsules.

When you order from Mr. Hemp Flower, you’re getting US-grown hemp free of pesticides and toxins. We use the most quality hemp and THC distillate to make our products.

What is Delta 8 THC? 

Delta-8 THC is a unique cannabinoid found in the hemp plant in trace amounts (less than 0.1%). This tetrahydrocannabinol is an isomer of Delta-9 THC, meaning it has the same formula as D9 but a different arrangement of atoms.

As a tetrahydrocannabinol with a slightly different chemical structure than its isomer D9, Delta-8 is mildly intoxicating. The psychoactive “high” experienced from consuming D8 is without the adverse effects of anxiety and paranoia.

This cannabinoid produces a mellow, relaxed intoxication that keeps the user clear-headed and able to do certain tasks. *Note* D8 will get you intoxicated, so please avoid activities like driving.       

Delta 8 THC and Federal Law 

Delta 8 THC is a tetrahydrocannabinol naturally present in the hemp plant in trace amounts (less than 0.1%). The 2018 Farm Bill passed with the belief that hemp is a nourishing, non-intoxicating plant and determined that hemp-derived cannabinoids are not controlled substances.  

The concern now revolves around how D8 is produced. This cannabinoid is present in hemp in minuscule amounts, and extracting it from hemp for commercial production is not yet financially viable. So, manufacturers chemically convert hemp-derived cannabidiol (CBD) into delta 8 THC to produce larger volumes. 

In August 2020, the Drug Enforcement Agency (DEA) released its Interim Final Rule on hemp, which stated that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” The confusion revolves around the question of whether the term “synthetically derived” includes isomerized delta 8 THC. 

Some experts claim that the process of converting one cannabinoid into another doesn’t fall under the definition of creating synthetically-derived cannabinoids. In chemistry, a synthetically derived cannabinoid is “man-made” and doesn’t use ANY hemp plant matter in the process. The purpose of creating synthetic cannabinoids is to make compounds that mimic the effects of real THC. 

Delta 8 THC doesn’t fall within that category because it’s a REAL tetrahydrocannabinol created using hemp-derived CBD. 

Bottom Line

Delta 8 THC is safe to buy, sell, use, and possess in the state of Alabama for adults 21 and older. In Alabama, hemp tetrahydrocannabinols are not Schedule I controlled substances. Products made from the hemp plant that contain less than 0.3% THC are legal to sell and use. 

Delta 8 Alabama


Yes, D8 is legal to buy in Alabama but only for persons 21 and older.

In local CBD shops, convenience stores, or order online.

Absolutely, you can safely order D8 products online. We ship to all D8 friendly states, directly to your door.

Twelve states explicitly banned D8, including Utah, Rhode Island, Kentucky, Montana, Mississippi, Idaho, Delaware, Colorado, Arkansas, Arizona, and Alaska.

Yes, Delta-8 is a safe compound, but it’s important to make sure the product you’re buying has been produced under safe conditions.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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