Weed Laws in Alabama

Nicknamed the “Yellowhammer State” after its state bird, Alabama is known for its southern hospitality and enthusiasm for college football. It sits right between Mississippi and Georgia, which run along the southeastern border of the United States. Rich with history, Alabama is the site of numerous Civil Rights Movement events. Currently, the region is home to nearly five million residents.

Cannabis legislation and access in Alabama are currently restricted to cannabidiol (CBD), but medical marijuana with THC will be available soon. On May 17th, 2021, Alabama Governor Kay Ivey signed Senate Bill 46 (Darren Wesley Ato Hall Compassion Act). This legislation expands medical cannabis usage for qualifying health conditions, provides a medical cannabis program, adds cultivation, and provides criminal protection for patients. The legislation does not allow the sale of flowers or food but will allow wellness products like tinctures, pills, topicals,  THC inhalers, and extracts.

The program is still not set up, and Alabamians still do not have access to medicinal or recreational cannabis.  The state will start taking dispensary license applications in the Fall of 2022.

Is Weed Legal in Alabama?

YES, the use of cannabis is legal for medicinal purposes in Alabama. However, sales have not begun as of Jan, 2024.

Medical cannabis has been legalized, but personal cultivation isn't allowed. Cannabis products, including vaping liquid, are expected to become available to medical cannabis consumers some time in 2024, and registered Alabamans will be able to purchase and possess medical marijuana legally. 

Recreational use is prohibited and punishable by law. Penalties can include fines of up to 6,000 dollars, driver's license suspension, and jail time.

Weed Legalization in Alabama

In 2014, SB 174 (Carly’s Law) required participation in a University study to be a legal patient.  HB 61 (Leni’s Law) removed that requirement in 2016 and gave access to those diagnosed with debilitating conditions. That year, legislators also approved SB 347 (The Alabama Industrial Hemp Research Act), focusing on hemp cultivation and research.

Although SB 46 legalizes access to medicinal cannabis, it limits what medical conditions will qualify for the program. Patients will require a medical cannabis card with a prescription from a cannabis-certified physician. It also instructs that patients try all other forms of treatments before a physician can recommend cannabis as an option. Once prescribed, it cannot exceed daily dose limits of 50mg without regimented implementation and doctor supervision. If the prescribed dosage goes beyond 75mg, the patient's driver's license is revoked. The bill also limits the number of dispensary operations to one per county. 

As of 2024, the consumption of cannabis is legal for medicinal use in the state of Alabama.

Cannabis Tax in Alabama

Medical cannabis products, including vaping liquid, are expected to become available some time in 2024. SB 46 states that once medicinal sales are available, there will be a 9% sales tax on the gross proceeds of cannabis purchases.

According to the bill’s text, the revenue from these taxes will fund the Alabama Medical Cannabis Commission and grants that the Medical Cannabis Research Fund will distribute. The Alabama State Law Enforcement Agency will provide services like fingerprinting and enforcement of the cannabis laws and limits and is eligible to recover its costs.

Is Cannabis Delivery Available in Alabama?

NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Alabama. The SB 46 legislation does not mention plans for delivery services.

Where Can You Legally Use Weed in Alabama?

You can not yet purchase cannabis or cultivate at home in Alabama. 

What are the Restrictions on Cannabis Possession in Alabama?

Adults aged 21 and above may purchase and possess up to:

• Recreational usage is prohibited.

For transfer to another adult:

• Any cannabis prescribed must remain in possession of the patient.

For the state’s home cultivation program:

• Personal cannabis flower cultivation will be prohibited under SB 46.

For medicinal use:

• Cannabis products, including vaping liquid, will be available some time in 2024.
• Cannabis-certified physicians are authorized to prescribe daily dosages starting with a 50 mg limit. These products can include wellness products like tinctures, capsules, and topicals. Products may not exceed 3% THC.

During vehicular transportation:

• Cannabis may either be in its original sealed container, or
• Stored in the trunk of the vehicle, or
• In an inaccessible place to the driver

Frequently Asked Questions About Marijuana in Alabama

Will recreational usage ever be legal in Alabama?

SB 46 has provisions set in place to discourage the legalization of recreational cannabis.

How can I get a medical marijuana card in Alabama?

A medical marijuana card program has not yet been implemented. It is not expected to be functioning until 2023.

Where can I get a medical marijuana card in Alabama?

Medical marijuana cards can not yet be acquired in Alabama.

Where can I purchase legal cannabis in Alabama?

Legal purchases are expected to be available to eligible medical marijuana card holders sometime in 2024.

Is cannabis legal in Alabama?

No, cannabis remains illegal medically and recreationally until the medical marijuana program is implemented. Sometime in 2024, qualified patients should be able to register with the state and purchase legal medical marijuana.

Are there any medical marijuana dispensaries in Alabama?

No, there are no dispensaries operating in Alabama.

What is the age limit for medical marijuana in Alabama?

Patients aged 19 and over will be able to purchase and use cannabis themselves. Patients under the age of 19 must have a registered caregiver to help purchase and administer their cannabis to them.

When will the Commission start accepting applications for the cultivation and manufacturing of cannabis?

The commission expects to start accepting applications on September 1, 2022.

Are there any physicians that can issue medical marijuana recommendations in Alabama?

Currently, there aren't any physicians registered with the department. While the launch time is uncertain, it appears that the state may begin accepting physician applications to join the program near the end of 2022 or the beginning of 2023.

What types of medical marijuana will be allowed in Alabama?

The state will allow edible forms such as tablets, tinctures and capsules, suppositories, topicals, nebulizers, and liquids or oils for use in an inhaler. Vaping and smoking are not allowed. Edibles can't be infused into any food products like gummies, cookies, or beverages.

Can I share my medical marijuana with others in Alabama?

Absolutely not. Any cannabis you purchase will be for your use alone unless you are serving as the registered caregiver for the person receiving the cannabis. In any other instance, giving away your cannabis will be considered illegal distribution and carries stiff penalties.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.