Is CBD oil legal in Alabama?
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- What is CBD?
- Why is CBD sometimes illegal?
- Alabama CBD laws
- Where to buy CBD in Alabama
- How to read CBD labels and packaging
The rules and regulations around cannabidiol (CBD) in Alabama seem murky on the surface, yet the Yellowhammer State is one of the most CBD-friendly states in the country. Consumers in Alabama enjoy general access to CBD and CBD products that meet the legal definition as outlined in the 2018 Farm Bill, while licensed Alabama-based growers and processors can create and sell industrial hemp products.
What is CBD?
Cannabidiol is a non-intoxicating molecule found in cannabis. It is the second-most abundant-cannabinoid in the plant after THC and has many potential therapeutic benefits, including analgesic, anti-inflammatory, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from either marijuana or hemp plants.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
Even though industrial hemp doesn’t produce enough THC to intoxicate consumers, all varieties of cannabis, including hemp, were swept into the category of Schedule 1 narcotics by the 1970 Federal Controlled Substances Act. The law defined cannabis as a substance with no accepted medical use, a likelihood for addiction, and a high potential for abuse.
In 2018, Congress passed the Farm Bill and legalized hemp cultivation, creating a pathway to remove cannabis from Schedule 1. The Farm Bill defined hemp as cannabis that contains less than 0.3% THC by weight and marijuana as cannabis with more than that amount. Hemp-derived CBD was thus removed from its Schedule 1 designation, but CBD derived from the marijuana plant is still considered federally illegal because of marijuana’s federally illegal status. Hemp is considered an agricultural commodity, but still must be produced and sold under specific federal regulations, which were not finalized when hemp was legalized.
The Farm Bill also endowed the Food and Drug Administration (FDA) with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level. The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD. In July 2019, the FDA sent a letter to Curaleaf warning that the CBD maker was making unproven claims about its effectiveness in treating such conditions attention deficit/hyperactivity disorder (ADHD), Alzheimer’s disease, Parkinson’s disease, cancer, and opioid withdrawal. In April 2019, the FDA also warned three other CBD makers over making unproven health claims.
Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.
Alabama CBD laws
Before the 2018 Farm Bill, Alabama had a budding, though restrictive, medical CBD program in place. On April 1, 2014, Republican Gov. Robert Bentley signed SB 174, known as Carly’s Law, which allowed an affirmative defense for individuals using CBD to treat a debilitating epileptic condition. Patients could receive a prescription for possession or use of CBD only through the University of Alabama-Birmingham. This made access to CBD difficult, as the term “prescribe” is a federal term; most legalized medical marijuana states allow doctors to “recommend” it.
On May 4, 2016, Bentley signed HB 61. Known as Leni’s Law, named for Leni Young of Alabama who successfully treated her seizures with CBD. The act widened access to CBD by expanding the definition of qualifying conditions to include specified debilitating conditions that produce seizures. However, access to CBD was still highly restricted and the only FDA-approved form was GW Pharmaceuticals’ Epidiolex.
Following the 2014 Farm Bill passed by Congress and signed by President Barack Obama, the Alabama Legislature passed the Alabama Industrial Hemp Research Program Act in 2016, tasking the Alabama Department of Agriculture and Industries (ADAI) with the development of a licensing and inspection program for the production of industrial hemp. The ADAI slowly drafted and finalized regulations in September 2018, only months before the 2018 Farm Bill was signed, which broadly legalized CBD and CBD products that contained less than 0.3% THC by weight.
Following the passage of the 2018 Farm Bill, Republican Alabama Attorney General Steve Marshall affirmed the legality of CBD products that are sold by a licensed vendor and contain no more than 0.3% THC by weight. However, Marshall cautioned buyers to be careful when purchasing, as Alabama has yet to draft regulations for the testing and labeling of CBD products.
While CBD products with less than 0.3% THC are now broadly legal and available for sale and purchase in Alabama, the ADAI still regulates and licenses industrial hemp growers and processors under the 2014 Farm Bill’s rules. They will continue to operate under the pilot program until the FDA finalizes industrial hemp regulations and reviews and approves the rules submitted by the ADAI.
Relation to Federal Law
In July 2019, Republican Gov. Kay Ivey signed SB 225, which redefined and rescheduled CBD to align with federal definitions and allowed Alabama pharmacies to sell CBD products.
While the ADAI will collaborate with FDA rules to create regulations in accordance with the 2018 Farm Bill, the Alabama Industrial Hemp Research Program remains in effect. CBD products are legal, but it is illegal for growers and processors to work with industrial hemp in Alabama without a permit.
The Alabama Industrial Hemp Research Program required applicants to submit all materials and application fees annually, including criminal background checks. Growers and processor applicants must pay a $200 application fee and a $1,000 annual fee upon approval.
At the ADAI commissioner’s discretion, the department requires regular sample lab testing to confirm that the crop or processed hemp product contains less than 0.3% THC. The grower or processor is responsible for the lab testing fee, which is approximately $200 per sample. There are no requirements for labeling or posting test results for participants in the pilot program.
There are no regulations for sales of products that meet the 0.3% THC threshold of CBD. Business or individuals that sell any cannabis product containing more than the legal amount of THC can be charged with a felony, and face a sentence of two to 20 years in prison and a find of up to $30,000. Sales of cannabis to a minor can be punishable by a 10 years-to-life sentence and a maximum $60,000 fine.
Participants in the Alabama Industrial Hemp Research Program are required to submit several reports regularly to the ADAI. Failure to submit any report, reporting false information, not paying fees, or growing a hemp product that tests above the legal THC limits are all in violation of ADAI regulations. These violations are subject to civil penalties up to $500 and disciplinary sanctions including revocation of an application.
Growers also are subject to existing Alabama code regarding possession, cultivation, sale, or use of cannabis above the legal THC limits. The cultivation or manufacturing of cannabis can result in a sentence of two years to life and a fine of up to a $60,000, depending on the degree of manufacture.
Alabama CBD possession limits
There are no possession limits on CBD products in Alabama, as long as the product contains no more than 0.3% THC.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
The possession of any amount of cannabis above the legal limit of THC content is a misdemeanor, which can be punished by up to one year of jail and a maximum fine of $6,000.
Where to buy CBD in Alabama
Alabama consumers can purchase CBD products both in-person and online. Typically, CBD products are sold at CBD-specific shops and wellness and health food stores. In Alabama, pharmacies can sell CBD products over the counter, as long as they are sourced from legal producers and contain no more than 0.3% THC.
Consumers may also purchase CBD products online, typically directly through a specific brand’s website. Many online checkout processes work for CBD companies based in the United States, but some online processors consider CBD as a “restricted business,” so not all payment methods may be available.
How to read CBD labels and packaging
As the FDA slowly determines the rules around CBD’s legality, the buzzwords and descriptors on a product’s label could raise potential red flags about a product’s quality or content. How a CBD product is labeled and marketed plays a critical role in whether the FDA determines it to be lawful, so it’s important to understand what certain words or numbers indicate.
CBD product labels should not make claims about any therapeutic or medical results, which the FDA would classify as a drug and in violation of current regulations. Reputable CBD companies typically adhere to stricter labeling standards voluntarily to give their consumers better understanding and access to higher-quality products. Buzz words, such as “pure” or “organic,” have no scientific meaning for hemp and could be misleading marketing slogans.
The type of CBD should also be clearly stated. The current definitions include the following:
- Full-spectrum CBD oil contains cannabis-derived terpenes, trace amounts of THC, and other cannabinoids.
- Broad-spectrum CBD contains a similar array of cannabinoids and terpenes but removes the THC trace amounts through processing.
- CBD isolate has been stripped of all other compounds, resulting in a crystalline powder that is 99% pure CBD.
Consumers typically should look for the following on their CBD labels:
- Amount of active CBD per serving.
- Supplement Facts label, including other ingredients.
- Manufacturer/distributor name.
- Net weight.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Alabama? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Alabama CBD laws Where to
CBD Oil Alabama 2021: Is CBD Oil Legal In Alabama & Where To Buy?
If you or a member of your family has a severe health condition, you can easily acquire a doctor’s prescription, and buy CBD oil from any licensed source without encountering any problems with law enforcement. In this regard, CBD laws in Alabama State may seem pretty simple.
While CBD has found its way to the Heart of Dixie, the laws surrounding marijuana, CBD, or cannabidiol still cause confusion among many people. While the rules and regulations around CBD in this Yellowhammer State seem murky on the surface, it is one of the CBD-friendly states in the US. Read on to learn more about the legal state of CBD in Alabama.
Is CBD Oil Legal in Alabama?
Congress passed the Farm Bill in 2018 and legalized hemp cultivation, which created a pathway of removing cannabis from Schedule 1 drugs. The Bill defined hemp as cannabis with less than 0.3% THC and marijuana as cannabis containing more than the recommended amount.
Hence, hemp-derived CBD was removed from the Schedule 1 designation. However, CBD derived from marijuana is still considered illegal due to the federally illegal status of marijuana. Hemp, on the other hand, is regarded as an agricultural commodity, but it still has to be produced and sold under specific federal regulations.
However, before the Farm Bill, the State of Alabama already has a budding, through restrictive, medical marijuana program in place. Robert Bentley, a Republican Governor, signed SB 174 on April 1, 2014, also known as Carly’s Law. The law allowed a positive defense for individuals who were using CBD to treat debilitating epileptic conditions.
In this regard, patients were to have a prescription for use or possession of CBD through the University of Alabama-Birmingham. Seeing as the term ‘prescribe’ is a federal term, this made access to cannabinoids difficult. States with legalized medical marijuana allow doctors to ‘recommend’ CBD.
Bentley later signed HB 61 on May 4, 2016, known as Leni’s Law. This law was named after Leni Young, who successfully treated seizures with CBD in Alabama. This helped widened access to cannabinoids because the law expanded the definition of qualifying conditions, including specified debilitating conditions that prompted seizures.
Even so, access to cannabinoids was still restricted, and Epidioles was the only FDA-approved form. Following the 2014 Farm Bill, the Alabama Legislature passed an Industrial Hemp Research Program Act in 2016 that tasked the ADAI (Alabama Department of Agriculture and Industries) to develop a licensing and inspection program for how the industrial hemp was produced.
Months before the 2018 Farm Bill was signed, ADAI drafted and finalized regulations. The Farm Bill legalized cannabinoids and CBD-products that contained less than 0.3% THC, which led Steve Marshall the Republican Attorney General to affirm the legality of cannabinoids sold by licensed vendors containing less than 0.3% THC.
However, the AG cautioned the residents to be careful when buying CBD products, as Alabama was yet to draft testing and labeling regulations of CBD products. Though CBD oil products with the recommended THC amount are now broadly available and legal for purchase and sale in the State of Alabama, ADAI still licenses and regulates industrial hemp processors and growers under the Farm Bill’s rules.
Until FDA finalizes industrial hemp regulations, reviews, and approves the rules, ADAI submitted they would continue to operate under the pilot program. Kay Ivey, a Republican Governor, signed SB 225, a law that rescheduled and redefined CBD to align with federal definitions. The law also allowed Alabama pharmacies to sell CBD products.
Hence CBD oil is legal in Alabama. However, it is illegal for processors and growers to work with industrial hemp without a permit in Alabama. The Research Program requires the applicants to submit application fees annually and all material, including criminal background checks. Processors and grower applicants are expected to pay a $200 application fee as well as a $1000 annual fee once approved.
If you are found possessing CBD oil that is above the legal limit of the recommended THC content, it will be considered a misdemeanor, and you can be punished with a maximum fine of $6000 and up to a year of jail.
Why You Should Buy CBD Oil Alabama Online?
Buying CBD online is not only comfortable and convenient, but it is also safe. The online market exposes you to different CBD oil brands that will match your financial capability and budget. You will also find products that come with a 100% money-back guarantee for brands that are confident in their products.
You will find brands that reveal their third-party lab results to show that their products have no detectable levels of THC or that contain less than 0.3% THC. You will also see if the products have any harmful chemicals or pesticides from the lab tests.
Make sure to ask for the tests to make sure that you are getting the best quality. These lab tests also show that the brand took the time to test all their products so you can have confidence in them.
Looking to purchase CBD oil Alabama but not sure what the legal status of CBD oil in Alabama is? Read on to know the legality status of CBD Alabama 2021