Where is it safe to purchase & consume?
There are no regulations for sales of CBD products that fall below the 0.3% THC threshold. Businesses or individuals that sell any cannabis product containing more than the legal amount of THC can be charged with a felony, face a sentence of two to 20 years in prison, and a fine 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. Consumption of CBD is legal anywhere. Consumption of marijuana with more than 0.3% THC is illegal everywhere in Alabama.
The Alabama Department of Agriculture and Industries requires seed and crop testing to confirm that the CBD product contains less than 0.3% THC. It also requires processors to test for pesticides in accordance with existing agricultural pesticide laws. There are no requirements for posting test results on labels or in stores. But retailers are required to keep the test results for each product and provide those to customers who ask.
Qualifying Conditions and Patient Rights
Alabama does not have a medical marijuana program, though anyone is able to consume hemp-derived CBD products containing 0.3% THC or less. This page was last updated September 24, 2020.
California voters passed Proposition 215 in 1996, making the Golden State the first in the union to allow for the medical use of marijuana. Since then, 35 more states, the District of Columbia, Guam, Puerto Rico and U.S. Virgin Islands have enacted similar laws.
POST 2020 ELECTION UPDATE: As of Nov. 4 2020, voters in Mississippi and South Dakota approved a measure to regulate cannabis for medical use, bringing the total to 36 states and 4 territories.
POST 2020 ELECTION UPDATE: As of Nov. 4, 2020, voters in Arizona, Montana, New Jersey and South Dakota approved measures to regulate cannabis for adult-use. This brings the total to 15 states and 3 territories.
A total of 36 states, District of Columbia, Guam, Puerto Rico and U.S. Virgin Islands have approved comprehensive, publicly available medical marijuana/cannabis programs. (See Table 1 below for more information.)
Approved measures in 11 states allow use of “low THC, high cannabidiol (CBD)” products for medical reasons in limited situations or as a legal defense. (See Table 2 below for more information). Low-THC programs are not counted as comprehensive medical marijuana programs. NCSL uses criteria similar to other organizations tracking this issue to determine if a program is “comprehensive”:
- Protection from criminal penalties for using marijuana for a medical purpose.
- Access to marijuana through home cultivation, dispensaries or some other system that is likely to be implemented.
- It allows a variety of strains or products, including those with more than “low THC.”
- It allows either smoking or vaporization of some kind of marijuana products, plant material or extract.
- Is not a limited trial program. (South Dakota and Nebraska have limited, trial programs that are not open to the public.)