is cbd oil legal in alabama

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

Is CBD Legal in Alabama?

Posted on December 27th, 2020

For Alabamans who have treatable conditions that CBD could help them manage better, getting a prescription for it is something they look forward to. Now, they often wonder if purchasing CBD oil from a vendor nearby is something that has little risk of getting in trouble with the law. To these residents, the question of “Is CBD legal in Alabama?” pops in their heads constantly – and the answer is “yes”. However, there are a lot of nuances to the laws governing hemp-based CBD and its consumption in the state of Alabama. While Alabama is one of the most CBD-friendly states, there is a lot to learn about its CBD laws and regulations. Herein we will dive into CBD’s legality in Alabama, covering everything you need to know and understand.

Is CBD Legal in Alabama – Understanding CBD

Cannabidiol, better known as CBD, is a non-intoxicating compound found in all cannabis plants. Unlike its cousin tetrahydrocannabinol (THC), CBD does not cause an altered state of mind. On the contrary, the compound might have many therapeutic effects. Anti-inflammatory, analgesic, anti-anxiety, and even seizure-suppressing are among the most reported. While marijuana and hemp plants contain the compound, hemp plants have a higher concentration. Thus, making them the best CBD source. That is the reason why people colloquially use the term hemp oil as a synonym for CBD oil.

With states increasingly relaxing the laws governing them, CBD products are increasingly becoming more and more available. Such products include full-spectrum CBD oils, pure CBD oil, tinctures, CBD gummies, CBD ointments, CBD infused water, and much more.

What Makes CBD Illegal in Some Instances

While industrial hemp, the primary source of mass-market CBD, does not produce a high concentration of THC, hemp still has a little THC. Consequently, the plant was at one point in the Schedule 1 narcotics list thanks to the 1970 Federal Controlled Substances Act.

This law classified all cannabis plants under one category and also defined the plants as having no accepted medical value but a high potential for abuse and addiction. As such, all compounds produced by cannabis plants, including CBD, became illegal substances. This, regardless of their health benefits and the fact that it does not cause intoxication. The Farm Bill passed by Congress in 2018 rescheduled CBD from the same classification as marijuana.

Past CBD Laws Before The 2018 Farm Bill

The road to CBD legalization has been long. The first legal effort to avail CBD to the masses was the 2014 Carly’s Law (officially known as SB174). This law permitted Alabamans with epilepsy to access CBD as recommended by doctors to treat the condition. It is important to note that patients did not access CBD as a prescription. The term “prescription” is a federal term that only applies when a substance has federal level approval, which it did not yet achieve.

The 2016 Leni’s Law (officially known as HB 61) expanded CBD access. It approved additional seizure-inducing conditions to access medical CBD through Epidiolex, a product containing CBD.

In the same year, the Alabama State Legislature passed the Alabama Industrial Hemp Research Program Act, 2016. This act gave the Alabama Department of Agriculture and Industries (ADAI) the powers to create an inspection program. It also afforded them the right to provide industrial hemp production licenses for cultivation and processing. In 2018, ADAI completed the development of the industrial hemp regulatory program, which stipulated procedures for getting licenses. ADAI finalized the regulatory guidelines just before the 2018 Farm Bill became law.

So, Is CBD Legal in Alabama Today?

There were efforts at the state level to give patients with certain conditions the right to use CBD as a treatment option. However, the 2018 Farm Bill passed by Congress underpins the legality of this compound in Alabama, just like many other states. Before Congress passed the Farm Bill, Alabama had a small, tightly controlled medicinal marijuana program. The Farm Bill legalized hemp farming while defining and differentiating between hemp and marijuana.

Under the Farm Bill, hemp is a cannabis plant that contains less than 0.3% THC of overall weight. Conversely, marijuana is any cannabis plant that has more than 0.3% THC by weight. This law made hemp-derived CBD legal while leaving marijuana-derived CBD as a Schedule 1 substance. As such, hemp became a legal agricultural commodity, while marijuana is still illegal.

The Farm Bill also empowered the Food and Drug Administration (FDA) to regulate CBD’s therapeutic claims, CBD labeling, and use in foods and drinks. With these powers, the FDA released a directive prohibiting CBD’s inclusion in foods and beverages. They also restrict the marketing of CBD products as a dietary supplement. In line with the FDA’s history of being strict against making unproven health claims, they warned manufacturers against them.

By the end of 2019, there are over 2,000 acres of industrial hemp already planted. Moreover, ADAI has licensed over 180 farmers to farm industrial hemp. Also, the 2019 SB 225 legalized the sale of CBD products in pharmacies across Alabama. Additionally, SB 225 rescheduled and redefined CBD products, aligning state regulations with federal laws.

Growers Licensing Requirements

Farmers growing industrial hemp do so under the ADAI’s licensure. To participate in the Alabama Industrial Hemp Research Program, farmers must pay a $200 application fee. Plus, an annual $1,000 application fee after they get approval. Additionally, applicants must submit to the ADAI some reports, including criminal background checks.

Failure to submit any reports, submitting falsified reports, growing hemp with a THC concentration above the legal limit, or failing to pay the annual fee will violate ADAI regulation. Transgressors are subject to civil penalties up to $500 and other disciplinary sanctions, including revocation.

It is important to note that growing hemp with a THC level above the legal limit exposes farmers to all of the laws and regulations governing marijuana. To this end, farmers whose hemp tests to have THC above 0.3% risk a jail sentence of 2 years to life. Additionally, the farmer faces a fine of up to $60,000.

There is no regulation on posting the test results. However, the ADLA has the legal right to demand sample lab testing at any time for any reason. The grower is responsible for the lab testing fees, which can cost as much as $200 per sample.

CBD Processor Regulations

CBD processors operate under similar regulations to CBD growers. Individuals or companies operating as processors require submitting a myriad of material. These include criminal background checks with the ADAI during the license application process and annually. Additionally, the applicants must pay a $200 application fee. Plus, an annual $1,000 license when approved to participate in the Alabama Industrial Hemp Research Program.

Like growers, the law prohibits processors from processing marijuana-based CBD. As such, processors can only process cannabis plants with THC content at 0.3% weight. Processing cannabis plants with a higher THC concentration are grounds for facing civil penalties. These can amount to $500, and you could also face disciplinary sanctions such as the revocation of your license.

Processing hemp plants with THC concentration exceeding 0.3% exposes a manufacturer to regulations regarding marijuana cultivation, possession, sale, and processing. Therefore, a processor could face a jail sentence of at least two years to life or a fine not exceeding $60,000.

CBD Sale Regulations

Individuals and companies engaging in industrial hemp cultivation and process require a license. However, individuals and companies selling CBD do not require any license. ADAI’s regulations and licenses cover the industrial cultivation of the plant and its processing.

However, it is essential to note that you can only sell hemp flower products that meet the THC limits. Selling any hemp product with THC levels over the legal limits is a felony offense that carries severe punishment. Depending on the extent of the crime, you face a fine of up to $30,000 and a prison sentence from 2 years to 20 years.

CBD Possession and Consumption Regulation in Alabama

Possessing and smoking CBD in Alabama is legal as long as it contains 0.3% or less THC. However, the possession and consumption of hemp oil with THC exceeding the 0.3% limit is a misdemeanor offense. When found guilty, you will get fined $6,000 and serve a jail term not exceeding one year.

Is CBD Legal in Alabama For Small-Scale Users?

No laws permit the home cultivation of hemp in Alabama. As mentioned above, to cultivate hemp, you need to possess the necessary licenses from ADAI. Cultivating hemp under any other circumstance is simply illegal. Equally, it is unlawful to possess, grow, or process any hemp plants or seeds without a license from ADAI.

How and Where to Buy CBD Oil in Alabama

Alabamans can purchase their hemp oil or CBD products from a brick-and-mortar shop such as pharmacies. The signing of SB 225 legalized physical stores across the state of Alabama to sell hemp-derived CBD oil that meets regulations. Additionally, you can purchase your CBD from online vendors.

In fact, choosing an online vendor is a much better option for Alabamans to access a wider variety of excellent quality products. Choosing to purchase products online is also better for your pocket as you stand to get a better deal, especially since you can search for a high-quality vendor.

Indeed Alabama is more than a bit friendly when it comes to CBD. Yet, there are important pitfalls the Alabama state laws have that you need to know about.