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Is Weed Legal in Alabama? All Marijuana Rules in Alabama Explained

Kenneth Bancale

by Kenneth Bancale

January 28, 2025 02:58 pm ET Estimated Read Time: 4 Minutes
Fact checked by Emily Mullins
Is Weed Legal in Alabama? All Marijuana Rules in Alabama Explained

As more states continue to legalize cannabis across the country, it can feel overwhelming to keep up with the various laws and programs, particularly in states like Alabama that have not yet fully legalized the plant. While recreational cannabis is still illegal there, medical marijuana was legalized in 2021 under the Compassion Act. 

Many state residents want further legalization and are worried about the impact of marijuana shop crackdowns and continued prohibition. However, on the flip side, the passage of medical cannabis marked a strong step forward for the state and shows that lawmakers are willing to embrace change. The future has the potential to be bright in Alabama as perceptions of weed continue to evolve. 

Is Weed Legal in Alabama?

In Alabama, marijuana remains illegal for recreational use, and the state has strict rules against the cultivation, purchase, and sale of cannabis outside of its medical program.

The legal framework limits cannabis access only to those with a valid medical marijuana card, and there are strict penalties for any unauthorized possession or distribution. Also, adults under the state’s medical cannabis program can only use marijuana in approved non-smokable forms, such as tinctures and topicals, for therapeutic purposes tied to specific qualifying conditions.

Governor Kay Ivey’s administration has cautiously approached cannabis legislation, emphasizing the potential medicinal benefits while maintaining a more conservative stance on the topic.

In her own words, Governor Ivey discussed her interest in the potential positive impact of medical cannabis for people with severe health conditions: On the state level, we have had a study group that has looked closely at this issue, and I am interested in the potential good medical cannabis can have for those with chronic illnesses or what it can do to improve the quality of life of those in their final days.”

Delta-8 vs. Delta-9 vs. Delta-10: Which is Legal in Alabama?

In Alabama, the legality of cannabinoid variants such as Delta-8 vs. Delta-9 vs. Delta-10 THC centers around their THC content and sourcing.

Delta-9 THC, the most psychoactive component, is illegal for recreational use and tightly regulated even in medical forms under state law. Conversely, Delta-8 and Delta-10 THC, which can be derived from hemp, have been in a legal gray area. These substances mimic the effects of Delta-9 but are often marketed as legal alternatives due to the 2018 Farm Bill, which legalized hemp-derived cannabinoids.

More recently, Delta-8 was explicitly banned, while Delta-10’s legality is still uncertain as it does not have any explicit state endorsements or bans. It’s important to stay updated on the local laws to ensure you aren’t violating them by purchasing any of these products.

When was Medical Marijuana Officially Legal in Alabama?

Medical marijuana was officially legalized in Alabama on May 17, 2021, when Governor Kay Ivey signed Senate Bill 46, known as the Darren Wesley “Ato” Hall Compassion Act. This law does not permit the recreational use of cannabis, so residents cannot legally purchase marijuana for non-medical purposes.

For now, the state law bans growing cannabis for either recreational or medical use. For those with a Medical Marijuana Card for Alabama, it’s worth knowing which states accept out-of-state medical cards if they travel.

Marijuana Dispensaries in Alabama

While Alabama has approved the use of medical cannabis, the opening of official dispensaries has been on hold since legalization was passed, leading to some frustration among patients and doctors. The Alabama Medical Cannabis Commission is slowly beginning to hand out licenses, so there will hopefully be more options for residents soon. 

To keep up with their progress, you can explore our Alabama weed dispensaries page for information and updates.

Frequently Asked Questions

Is it illegal to have weed in Alabama?

Yes, recreational marijuana is still illegal in Alabama. Possession can result in fines and legal penalties.

Does Alabama have dispensaries?

Alabama has not yet opened dispensaries. The state is working to establish a medical cannabis program, and dispensary licenses are expected to be issued soon.

How many grams is a felony in Alabama?

Possessing more than 28 grams (1 ounce) of cannabis is considered a felony in Alabama, potentially leading to serious legal consequences.

Is Delta-8 legal in Alabama? 

As of the latest updates, Delta-8 THC is illegal in Alabama following state legislation that aligns its legal status with that of Delta-9 THC.

Can you get a weed card in Alabama?

Yes, Alabama residents with qualifying medical conditions can apply for a medical marijuana card under the state’s Compassion Act, which governs the medical use of cannabis.

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