Menu

Alabama

1. Cannabis and Hemp Laws

Cannabis:
Recreational cannabis remains illegal in Alabama. The state legalized medical cannabis in 2021 with the passage of Senate Bill 46, known as the “Darren Wesley ‘Ato’ Hall Compassion Act.” This legislation permits physicians to recommend cannabis for patients with specific medical conditions after other treatments have been deemed ineffective. However, the law prohibits cannabis flower, smokable products, and edibles, limiting access to non-smokable forms like oils and capsules​​.

Hemp Intoxicants:
Alabama operates under an Unregulated/Gray Market status for hemp-derived intoxicants, such as delta-8 THC. While the state does not explicitly ban delta-8 THC, synthetic cannabinoids that are chemically derived may fall under Alabama’s Schedule I controlled substances. This creates a legal gray area for delta-8 THC and other intoxicants derived from hemp. Regulations primarily focus on industrial hemp production rather than consumer intoxicant products​​.

2. Historical Context

  • 1931: Alabama criminalized cannabis use, aligning with nationwide prohibition efforts.
  • 2014: Carly’s Law allowed the University of Alabama at Birmingham to provide non-psychoactive CBD oil (with up to 3% THC) to epilepsy patients as part of a clinical trial, giving legal protections to participants​.
  • 2016: Leni’s Law expanded Carly’s Law, permitting CBD oil use by individuals with debilitating conditions, while maintaining the 3% THC limit​.
  • 2019: State lawmakers attempted but failed to reduce penalties for non-medical cannabis use. The proposal sought to eliminate felony charges for repeat possession offenses​.
  • 2021: Senate Bill 46, establishing Alabama’s medical cannabis program, was signed into law, creating a tightly regulated program that limits cannabis to patients with specific severe conditions and non-smokable product forms​.

3. Recreational Cannabis Laws

  • Possession Limits: Possessing any amount of cannabis for personal use is a misdemeanor, punishable by up to 1 year in jail and a $6,000 fine. Repeat offenses escalate to felonies, with minimum sentences of 1 year and 1 day​.
  • Cultivation: Home cultivation of cannabis is strictly prohibited.
  • Public Use: All public consumption of cannabis is banned.
  • Sale and Retail: Selling any amount of cannabis is a felony, with sentences ranging from 2 to 20 years. Sales to minors carry more severe penalties, with possible life sentences for offenders​​.

4. Medical Cannabis Laws

  • Patient Eligibility: Only patients with severe medical conditions like epilepsy, chronic pain, and PTSD qualify for medical cannabis under the Alabama Compassion Act. Patients must be certified by a physician after other treatments have failed, with terminally ill patients eligible for higher THC dosages​.
  • Product Access: Alabama allows only non-smokable medical cannabis forms, such as capsules, oils, tinctures, patches, and inhalers. The state prohibits cannabis flower, edibles, and vaping products. THC is capped at 50 mg daily for adults, with stricter limits for minors​.
  • Program Details: The Alabama Medical Cannabis Commission oversees the program, requiring patient registration, physician certification, and enforcing a 9% tax on medical cannabis products​​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Alabama’s Unregulated/Gray Market status allows delta-8 THC products, as the state does not explicitly address their legality. While Alabama law bans synthetic cannabinoids in general, delta-8 THC remains legal due to the lack of a direct prohibition​​.
  • Testing and Labeling Requirements: Alabama’s regulations focus only on keeping hemp crops below the federal 0.3% THC limit. No specific testing or labeling requirements apply to products containing delta-8 THC​.
  • Age and Retail Restrictions: The state has no specific age limits or location restrictions for hemp intoxicants. However, Alabama restricts delta-9 THC products to individuals 21 and older within its medical framework​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: First-time possession for personal use is a misdemeanor, punishable by up to 1 year in jail and a fine of up to $6,000. Repeat offenses are felonies, with sentences starting at a mandatory minimum of 1 year and 1 day​.
  • Sale and Distribution: Selling cannabis is a felony, with penalties ranging from 2 to 20 years in prison and fines up to $30,000. Selling to minors or within a 3-mile radius of schools can result in life imprisonment​.
  • Trafficking and Cultivation: Trafficking penalties vary by weight, with a mandatory minimum of 3 years for 2.2 pounds or more, escalating to life imprisonment for trafficking 1,000 pounds or more​.

7. Social Equity Programs

  • Eligibility Criteria: Alabama has no social equity program or provisions to support communities impacted by past cannabis criminalization.
  • Licensing Benefits and Additional Support: There are no preferential licensing options, reduced fees, or training resources available for social equity applicants in Alabama​.

8. Business Types and Operations

  • Licensing Types: Alabama’s medical cannabis licenses include cultivation, processing, dispensing, secure transport, and testing. The Alabama Medical Cannabis Commission caps the number of dispensary licenses at four, with each licensee allowed up to three dispensing sites. Cultivation licenses are limited to 12 statewide​.
  • Regulatory Requirements: Licensed businesses must meet Alabama’s medical cannabis program standards, including secure facility requirements, product testing, and compliance monitoring. Oversight of licensing and regulatory adherence is managed by the Alabama Medical Cannabis Commission​​. 
Medical Click To Learn More
Hemp Click To Learn More