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Alabama Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on June 9, 2024

Alabama Weed Legality

Is Delta 9 Legal in Alabama?

Delta 9 THC derived from legal industrial hemp and containing no more than 0.3% THC is legal in Alabama. This conclusion is supported by both federal and state laws:

2018 Farm Bill: This federal law removed hemp and its derivatives from Schedule I of the Controlled Substances Act, legalizing them across the United States as long as they contain a Delta-9 THC concentration of 0.3% or less.

Alabama State Law: Alabama amended the Code of Alabama 1975 to align with the federal definition of hemp. Section 2-8-381 permits the sale and possession of hemp-derived products, including Delta 9 THC, if they contain less than 0.3% Delta-9 THC.

The legality of Delta 9 THC in Alabama specifically hinges on the source of the THC and its concentration. If derived from hemp under the conditions specified, it is legal. However, Delta 9 THC derived from marijuana remains illegal under state law.

Can You Buy Delta 9 in Alabama?

Yes, you can buy Delta 9 THC in Alabama as long as it is derived from hemp and contains no more than 0.3% THC by dry weight. This is in line with both federal and state laws which permit the sale and possession of hemp-derived cannabinoids that meet these criteria. It’s important for consumers to ensure that the products they purchase are compliant with these regulations to avoid legal issues.

Is Delta 8 Legal in Alabama?

The federal legality under the 2018 Farm Bill, which legalized hemp-derived cannabinoids, allows for the production and sale of Delta 8 products as long as they are derived from hemp and contain less than 0.3% Delta 9 THC on a dry weight basis. Since Delta 8 THC is often synthesized from CBD derived from legal hemp, it is generally considered legal under federal law, which by extension allows its sale and use in Alabama, barring any specific state restrictions.

It’s important to note that the legal landscape regarding cannabinoids is subject to change, both at federal and state levels. Therefore, while Delta 8 is currently in a legal gray area and not specifically illegal in Alabama, it’s crucial for consumers and businesses to stay informed about any legislative updates that might affect its legality in the future.

Is THCA Legal in Alabama?

THCa (tetrahydrocannabinolic acid) is legal in Alabama as long as the Delta 9 THC concentration in the product does not exceed 0.3% by dry weight. Under state law, specifically SB 225, hemp-derived products containing less than 0.3% Delta 9 THC are legally allowed. This legislation removed hemp and its cannabinoids from the controlled substances list and permitted the sale of hemp products within the state.

In Alabama, there is no requirement for testing hemp products for total THC levels, which means that the legality of THCa products hinges on the concentration of Delta 9 THC alone. Since THCa is a non-psychoactive precursor to THC, it typically does not contribute to the Delta 9 THC levels until it is decarboxylated (heated), converting THCa into Delta 9 THC.

Furthermore, Alabama’s laws do not restrict the sale, use, or possession of inhalable hemp products, including smokable hemp. The state also has provisions under SB 66 that regulate hemp-derived “psychoactive cannabinoids,” allowing their use, sale, and possession for individuals aged 21 and over. This means that adults can legally purchase THCa flower and other similar products in Alabama, provided they comply with the Delta 9 THC content limits.

Overall, THCa is federally legal in the United States and aligns with Alabama’s state laws, which legalize all hemp products with acceptable levels of Delta 9 THC.

What are the Difference between Delta 9 THC, Delta 8 THC, and THAC?

What is Delta 9 THC?

Delta-9-tetrahydrocannabinol (Delta-9 THC) is the most well-known and potent psychoactive component of the cannabis plant. Predominantly responsible for the euphoric effects associated with cannabis use, Delta-9 THC is often the primary focus in discussions about THC. In comparison, its counterparts, Delta-8 and Delta-10 THC, are present only in trace amounts and have gained attention primarily due to their legal status and milder psychoactive effects in regions with strict cannabis laws. The safety and regulation of Delta-8 and Delta-10 products remain under scrutiny, highlighting the need for further research to understand their effects and potential risks comprehensively.

What is Delta 8 THC?

Delta-8-tetrahydrocannabinol (Delta-8 THC) is a lesser-known cannabinoid that shares chemical similarities with Delta-9 THC but with reduced psychoactive properties. It is naturally found in very small amounts in cannabis and hemp plants, leading to most commercial Delta-8 THC being synthesized in laboratories. Delta-8 THC has been used to alleviate symptoms like nausea, vomiting, and insomnia; however, its therapeutic benefits and safety are not well-documented, lacking significant scientific endorsement. The production and sale of Delta-8 THC are controversial due to inconsistencies in product purity and concentration, and its legal status varies significantly across different states.

What is THCA?

Tetrahydrocannabinolic acid (THCA) is abundant in raw cannabis plants and serves as the non-psychoactive precursor to Delta-9 THC. THCA transforms into psychoactive THC through decarboxylation, a process triggered by heat. Although THCA does not produce intoxicating effects on its own, it has been recognized for potential therapeutic benefits, including anti-inflammatory and neuroprotective properties. Like other cannabinoids, the legal status of THCA varies, and it is important for consumers to be aware of their local regulations. This cannabinoid’s complex nature and the transformation it undergoes highlight the diverse potential of cannabis compounds beyond their psychoactive properties.


Each of these cannabinoids exhibits unique characteristics and effects, from the psychoactive Delta-9 THC to the milder Delta-8 THC and the non-intoxicating THCA. Understanding these differences is crucial for users, healthcare providers, and regulators to navigate the evolving landscape of cannabis use responsibly.

Difference Between Delta 9 THC, Delta 8 THC, and THCA

To further clarify the distinctions between Delta 9 THC, Delta 8 THC, and THCA, let’s break down their differences based on psychoactivity, legality, sources, and potential uses. Here’s a comparative analysis in a tabular format:

Feature Delta 9 THC Delta 8 THC THCA
Psychoactivity Highly psychoactive, responsible for the “high” Psychoactive, but less potent than Delta 9 THC Non-psychoactive until heated (decarboxylated)
Source Predominant in cannabis plants Found in trace amounts, often synthesized in labs Abundant in raw cannabis plants
Legality Federally illegal, but legal under some state laws Legal under federal law if derived from hemp (containing less than 0.3% Delta 9 THC), varies by state Legal as long as it is not converted to Delta 9 THC, varies by state
Uses Recreational and medical applications (e.g., pain relief, mood enhancement) Less potent effects; used for milder relief of symptoms like nausea, anxiety Potential therapeutic benefits without psychoactivity (e.g., anti-inflammatory, neuroprotective)
Regulation Strictly regulated, especially where legal Less regulated, quality and safety concerns Generally under the same regulations as CBD, less focus on psychoactive effects

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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