For Alabama residents who question, “Is CBD legal in Alabama?” the short answer is, “yes.”
However, there are some caveats in the laws governing hemp-based CBD and its consumption in the state of Alabama. While it’sit’s true that Alabama is a CBD-friendly state, there is a bit to learn about its CBD laws and regulations.
In this article, we’ll take a look at the legality of CBD in Alabama.
What is CBD?
Cannabidiol(CBD) is a non-intoxicating constituent of the cannabis plant. Unlike tetrahydrocannabinol (THC), CBD does not get you high.
On the contrary, the compound even counteracts the effects of THC.
CBD, like THC, also may have many therapeutic effects.
Touted widely as an anti-inflammatory, analgesic, anti-anxiety, and even seizure-suppressing natural medicine, CBD has become widely popular.
While marijuana and hemp plants contain the CBD compound, hemp plants have a higher concentration of CBD. Therefore hemp is the best source for CBD.
With many states relaxing their laws around hemp and cannabis, CBD products are increasingly available. Legal CBD products include full-spectrum (containing a trace amount of THC), broad-spectrum THC free, and isolates that come in oils, tinctures, vaporizers, gummies and candies, topicals, infused water, infused Kombucha, teas, and so much more.
CBD Laws Before The 2018 Farm Bill
The primary source of commercial CBD – industrial hemp – does not produce a high THC concentration, hemp still has a little THC.
Because of this, the plant used to be on the Schedule 1 narcotics list under Federal Controlled Substances Act that came into being in 1970.
This law placed cannabis under one category. It stated that the plants had no approved medicinal value, but rather did have a significant potential for abuse and addiction.
Because of this, all cannabis constituents, including CBD, became illegal substances.
The 2018 Farm Bill rescheduled CBD away from the same classification as marijuana.
Getting to CBD legalization has been a long and arduous road.
The first significant legal effort regarding making CBD available to all was the 2014 Carly’sCarly’s Law (officially known as SB174). This law allowed Alabama residents suffering from epilepsy to get CBD because it was medically recommended.
Keep in mind that patients did not access CBD by prescription. “Prescription” is a federal term only applicable when a substance has federal level approval, which CBD hadn’t yet achieved.
The 2016 Leni’sLeni’s Law (officially known as HB 61) expanded CBD access significantly. This law approved additional seizure-inducing conditions to access medical CBD through Epidiolex, a prescription product containing CBD.
Also, in 2016, the Alabama State Legislature passed the Alabama Industrial Hemp Research Program Act 2016.
As a result, the Alabama Department of Agriculture and Industries (ADAI) was given the ability to create an inspection program. It also allowed them to provide industrial hemp production licenses for cultivation and processing.
In 2018, ADAI completed the industrial hemp regulatory program’s development. This law scheduled procedures for getting licenses.
ADAI completed its regulatory guidelines just before the 2018 Farm Bill became law.
So, is CBD legal in Alabama in 2021?
By the end of 2019, there were over 2,000 acres of industrial hemp grown legally in Alabama. ADAI has also given licenses to nearly 200 farmers to grow hemp.
In 2019 the bill SB 225 made the sale of CBD products legal in the state of Alabama. SB 225 also rescheduled and redefined CBD products, aligning state regulations with federal laws.
CBD Possession and Consumption Regulation in Alabama
Possessing and smoking or vaping CBD in Alabama is legal if it has 0.3% or less THC.
However, the possession and consumption of hemp oil with THC exceeding the 0.3% limit is a misdemeanor offense. If found guilty, you’ll be fined $6,000 and serve jail time.
It is illegal to possess, grow, or process any hemp plants or seeds without a license from ADAI – So, no, you can’t grow your own.
How can you get CBD in Alabama?
Alabama residents can buy CBD products from a brick-and-mortar shop like a pharmacy.
SB 225 legalized physical stores across Alabama to sell hemp-derived CBD oil that meets regulations.
You can also purchase your CBD from online vendors.