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Is Weed Legal In Alabama? (Alabama Marijuana Laws)

Is Weed Legal In Alabama - Alabama Marijuana Laws - Alabama Marijuana Legalized

Is weed legal in Alabama?

This article is going to cover:

  • Alabama weed laws
  • legalization of recreational marijuana
  • medical marijuana legalization
  • House and Senate Bills for Alabama weed laws
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Is Weed Legal In Alabama?

Weed is not legal in Alabama for recreational use.

But weed is legal in Alabama for medical use.

Alabama continues to criminalize any amount of marijuana.

Marijuana is a Schedule I drug in Alabama.

Here is the Alabama Controlled Substances Act.

Alabama Marijuana Laws

Let’s look at the different types of Alabama weed laws. 

OffensePenaltiesJail TimeMax Fines
Possession
Any Amount (First Offense)Misdemeanor1 year$6,000
Any Amount (Subsequent Offenses)Felony5 years$7,500
Any Amount (Not Personal Use)Felony10 years$6,000
Sale Or Distribution
Any AmountFelony20 years$30,000
To A MinorFelonyLifetime$60,000
In A School ZoneFelony5 yearsNo Maximums
Trafficking
2.2 - 100 lbsFelony99 years$25,000
100 - 500 lbsFelony99 years$50,000
500 - 1,000 lbsFelony99 years$200,000
Cultivation
2nd DegreeFelony20 years$30,000
1st DegreeFelonyLifetime$60,000
Hash & Concentrates
PossessionMisdemeanor1 year$2,500
Manufacturing 2nd DegreeFelony20 years$30,000
Manufacturing 1st DegreeFelonyLifetime$60,000
Paraphernalia
PossessionMisdemeanor1 year$6,000
Sale (First Offense) Felony1 year$6,000
Sale (Second Offense)Felony6 years$15,000
Intent to ManufactureFelony10 years$15,000
To A MinorFelony20 years$30,000

Cannabis Possession Laws

These are the marijuana laws for personal possession of marijuana.

Recreational cannabis is not decriminalized in Alabama for adult use.

Possessing any amount (personal use) is a misdemeanor with:

  • up to 1 year in jail time
  • up to $6,000 in fines

Subsequent personal use possession is a Class D felony with:

  • mandatory 1 year in jail
  • up to 5 years in jail time
  • up to $7,500 in fines

Possessing any amount (NOT personal use) is a Class C felony with:

  • mandatory 1 year in jail
  • up to 10 years in jail time
  • up to $6,000 in fines

Related: How Many People Are In Jail For Weed

Selling Marijuana In Alabama

Selling any amount of weed is a Class B felony with:

  • mandatory 2 years in jail
  • up to 20 years in jail time
  • up to $30,000 in fines

Selling to a minor is a Class A felony with:

  • up to a lifetime sentence in jail
  • up to $60,000 in fines

Selling within 3 miles of schools or public housing is a felony with:

  • up to 5 years in jail
  • a fine that’s up to the judge (no maximums)

Alabama Weed Laws For Trafficking

The sale, cultivation, or manufacturing of 2.2+ lbs gets considered trafficking.

All trafficking charges are felonies with mandatory minimum sentences.

And all sentences can get you up to 99 years in prison.

Trafficking 2.2 – 100 lbs is a felony with:

  • mandatory 3 years in jail
  • up to $25,000 in fines

Trafficking 100 – 500 lbs is a felony with:

  • mandatory 5 years in jail
  • up to $50,000 in fines

Trafficking 500 – 1,000 lbs is a felony with:

  • mandatory 15 years in jail
  • up to $200,000 in fines

Alabama Cannabis Cultivation Laws

The marijuana laws for cultivating marijuana get you an automatic felony.

Manufacture Second Degree of weed is a felony with:

  • mandatory 2 years in jail
  • up to 20 years in jail time
  • up to $30,000 in fines

Manufacture First Degree of weed is a felony with:

  • up to a lifetime sentence in jail
  • up to $60,000 in fines

Manufacture Second Degree is growing a Schedule I drug in Alabama.

Manufacture First Degree is growing a Schedule I drug along with:

  • possession of firearms
  • use of booby traps
  • illegal possession, transportation, or disposal of hazardous materials
  • operating a clandestine lab within 500 feet of a school, business, or church

Possession Of Hash And THC Concentrates

Possession of small amounts is only a misdemeanor.

Possession of THC concentrates gets you a misdemeanor with:

  • up to 1 year in jail time
  • up to $2,500 in fines

This next part applies to manufacturing, selling, or delivering THC hash and concentrates.

Manufacture Second Degree of weed is a felony with:

  • up to 20 years in jail time
  • up to $30,000 in fines

Manufacture First Degree of weed is a felony with:

  • up to a lifetime sentence in jail
  • up to $60,000 in fines

Alabama Law On Cannabis Paraphernalia

State laws for paraphernalia are split between possession and selling it.

Possessing or using paraphernalia is a misdemeanor with:

  • up to 1 year in jail
  • up to a $6,000 fine

Selling paraphernalia (first offense) is a misdemeanor with:

  • up to 1 year in jail
  • up to a $6,000 fine

Selling paraphernalia (second offense) is a felony with:

  • up to 10 years in jail
  • up to a $15,000 fine

Using or selling paraphernalia with intent to manufacture is a felony with:

  • up to 10 years in jail
  • up to a $15,000 fine

Giving paraphernalia to a minor is a felony with:

  • up to 20 years in jail
  • up to a $30,000 fine

Alabama Marijuana Decriminalization

Decriminalization of marijuana has not happened in Alabama yet.

The Alabama Senate voted on Senate Bill 149, which was initiated by Bobby Singleton.

This Alabama legislature passed the Senate with a 15-14 vote for decriminalization.

The next step was sending it to the Senate Judiciary Committee for voting.

As of May 2021, the Senate “Indefinitely Postponed” decriminalization bill.

Republican Gov. Kay Ivey continues to oppose marijuana legalization in Alabama.

And that extends to decriminalizing the possession of marijuana.

But, Democratic Mayor Randall Woodfin pushes for decriminalization.

Woodfin has given pardons to more than 15,000 Alabamians in Birmingham.

For possession of the drug from 1990 through 2020.

And he plans to continue to pardon possession records every year.

Until a marijuana bill passes to decriminalize the possession of marijuana.

Is Marijuana Legal In Alabama?

This section is covering whether weed is legal in Alabama for:

  • recreational use
  • medical use

Is Recreational Weed Legal In Alabama?

Is weed legal in Alabama for recreational use?

No, weed is not legal in Alabama for recreational cannabis use for adults.

Is Medical Marijuana Legal In Alabama?

No, weed is not legal in Alabama for medical use.

Alabama is one of the only 13 states without the legalization of marijuana for medical use.

But products with THC in them are allowed for medical use.

Patients can use THC products if they have been diagnosed by an Alabama physician.

The qualifying medical conditions for a medical card in Alabama are:

  • Autism Spectrum Disorder (ASD)
  • Cancer
  • Crohn’s Disease
  • Depression
  • Epilepsy
  • HIV/AIDS
  • Panic disorder
  • Parkinson’s disease
  • Persistent nausea
  • PTSD
  • Sickle Cell Anemia
  • ALS
  • Multiple Sclerosis
  • Spinal cord injury
  • Terminal illness
  • Tourette’s Syndrome

And the products that patients are allowed to consume are:

  • CBD oils
  • tablets
  • capsules
  • tinctures
  • gel cubes for oral use
  • gels
  • gummies
  • oils or creams for topical use
  • suppositories
  • transdermal patches
  • nebulizers
  • liquids or oils for inhalers

Purchasing cannabis outside of a licensed dispensary is illegal for Alabama residents.

Lawmakers consider non-dispensary weed controlled substances.

Is THC Legal In Alabama?

Yes, THC is legal in Alabama for medical use only.

But THC is not legal for the recreational use of marijuana.

Patients can possess medical cannabis products with up to 5% THC in them.

Patients cannot have the marijuana flower – only derivatives like CBD Oils.

THC is illegal in Alabama if the person does not have a qualifying condition.

And a diagnosis from a licensed physician.

Legal THC Limit In Alabama

The legal THC limit in Alabama for medical patients is “70 daily doses.”

This comes out to be 50 milligrams for the first 90 days.

50 milligrams of THC is 5% of 1 gram.

This means you can only consume 1 gram of product per day if the THC potency is 5%.

But the legal THC limit for medical cannabis products is 0.3% THC.

This means you have to consume 16.7 grams of product to ingest 50 milligrams.

Is Delta-8 THC Legal in Alabama?

Yes, Delta-8 THC is legal in Alabama to:

  • purchase
  • use
  • possess
  • distribute
  • cultivate

Delta-8 THC is legal in Alabama under the Agriculture Improvement Act (2018 Farm Bill).

Delta-8 THC has to get sourced from hemp with less than 0.3% THC.

Anything containing more than this gets considered as marijuana under state laws. 

How Much Weed Is A Felony In Alabama?

For the first offense of possession, any amount of weed is a misdemeanor.

But, subsequent offenses for possession of any amount is a felony.

A felony is not dependent on how much weed you have.

It’s dependent on how many possession charges you have.

Alabama Cannabis Legalization Bills

This is the state legislature on Alabama’s weed legalization bills.

Related: Marijuana Legality By State

2014 - Carly’s Law

Gov. Robert Bentley signed this state law into effect.

It amended the criminal codes for low THC CBD Oils.

This bill got named after Carly Chandler.

Whose parents fought to get her access to low THC CBD for her medical conditions.

This bill allowed the University of Alabama Birmingham (UAB) to research CBD.

They were given the task of researching CBD for its treatment of seizures.

2015 - Medical Marijuana Patient Safe Access Act

Sen. Bobby Singleton proposed the Medical Marijuana Patient Safe Access Act.

This bill would have legalized medical cannabis for patients with 25 severe medical conditions.

Patients could have applied for being able to grow their own marijuana plants.

But this bill never reached the Senate floor to get voted on.

2016 - Leni's Law

Leni’s Law got created to update Carly’s Law.

Carly’s Law authorized the UAB to study CBD for the treatment of seizures.

Leni’s law decriminalized cannabidiols for people with qualifying medical conditions.

The law got named after Leni Young.

A girl who moved to Oregon from Alabama so she could use CBD for seizure treatments.

This bill updated Alabama law to allow patients to have CBD with 0.3% THC in it.

For minors, parents and caregivers can possess cannabidiol derivatives.

2019 - Senate Bill 225

Senate Bill 225 was signed by Gov. Kay Ivey in 2019.

This bill redefined and rescheduled CBD to align with the Federal Farm Bill.

It allowed Pharmacies in Alabama to sell CBD to qualifying patients.

2020 - The Compassion Act (SB 165)

The Compassion Act was meant to legalize medical marijuana in Alabama.

Senate Bill 165 got passed by the Senate in 2020.

But it never got voted on by the House.

Because the state legislature ”adjourned early.”

2021 - Darren Wesley 'Ato' Hall Compassion Act

This medical marijuana bill (Senate Bill 46) got passed by Gov. Kay Ivey.

It legalized medical marijuana for 16 qualifying conditions.

But only if “other treatments had failed or marijuana is the standard of care.”

This bill set up the Alabama Medical Cannabis Commission.

Which created the management system for:

  • license processors
  • transporters
  • testing labs
  • dispensaries

And the Department of Agriculture is responsible for licensing cannabis growers.

Medical patients cannot have the “flower” of marijuana plants.

They can only have THC derivatives.

Forms of medical marijuana patients can have are:

  • Capsules
  • Cream
  • Gels
  • Lozenges
  • Gummies
  • CBD Oil
  • Tablets
  • Tinctures
  • Transdermal patches
  • Suppositories
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If you’re interested in what states weed is legal in, here’s a list of all the states.

Disclaimer: These codes may not be the most recent version. There may be more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.