Is CBD Legal in Alabama? State Hemp Rules in 2026
Alabama licenses hemp products through its ABC Board, limits THC per serving, bans smokable hemp, and sets a minimum age of 21. Rules as of November 2, 2026.
Last checked: Based on official sourcesNot legal advice.
What's on this page?
In short
As of November 2, 2026, Alabama treats hemp products you eat, drink, or put on your skin as "consumable hemp products." The law lists CBD among the cannabinoids it covers. Since January 1, 2026, only retailers licensed by the Alabama Alcoholic Beverage Control (ABC) Board may sell them, and only to adults 21 and older.[1, 2]
Alabama caps total THC at 10 mg per serving for drinks and edibles and 40 mg per container for other products. Smokable hemp, including hemp flower, is banned. So are products made by chemically converting one cannabinoid into another. Online sales and shipping to Alabama residents are banned.[1]
The act says a federal law passed after July 1, 2025 that conflicts with the chapter overrides the conflicting part. How that applies to the federal hemp changes due in November and December 2026 is a legal question we could not settle from the text.[1]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, in a licensed form. Alabama's consumable hemp law covers products with "cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp." Those products can be sold only by ABC Board licensed retailers, and the law is not part of the medical cannabis program. Reading CBD products as covered is our interpretation of the definitions.[1, 2] |
| Hemp definition and THC limit | The chapter defines hemp by pointing to Ala. Code § 2-8-381. We could not confirm the THC percentage in that section in official sources as of November 2, 2026, so we do not state it here. The state Department of Agriculture and Industries' hemp program rule has a separate term, "acceptable hemp THC level." It is a testing standard for the state hemp plan: a sample passes if the result, after measurement uncertainty is applied, includes 0.3% or less total delta-9 THC on a dry weight basis. The rule says it does not change the statutory definition of hemp. Separately, the retail law caps THC in finished products by milligrams.[1, 3] |
| CBD in food and drinks | Allowed only as licensed consumable hemp products. Drinks and edibles may contain no more than 10 mg total THC per serving. Edibles must be individually wrapped, and a carton may hold no more than 40 mg total THC. A drink serving may not exceed 12 fluid ounces, and a carton may hold no more than four 12-ounce containers. ABC rules add that a hemp drink container may hold only one serving. Alcohol (other than as a flavoring) and other intoxicating compounds are not allowed in the products.[1, 4] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | The law's definition of THC includes delta-8, delta-9, and delta-10. Smokable hemp products are banned, whether or not they are psychoactive. That includes hemp flower and buds. Products made by chemical synthesis or conversion from another cannabinoid using non-cannabis materials are also banned, except THC formed from naturally occurring acidic forms such as THCA by heat or light alone. Selling or possessing a banned product is a Class C felony.[1] |
| Minimum age | 21. Licensed retailers may sell consumable hemp products only to adults 21 and older (Ala. Code § 28-12-40(a)). Employees must check ID before a sale (§ 28-12-48). Specialty hemp retailers must limit entry to people 21 and older.[1] |
| Who can sell it | Only retailers licensed by the ABC Board, since January 1, 2026. There are three license types: specialty retailer of consumable hemp products, pharmacy (topical and sublingual products only), and retail food store (drinks only). Online sales, direct delivery, drive-through sales, and direct shipment to Alabama residents are banned. A first violation of that ban is a Class A misdemeanor, and a later one is a Class C felony. Selling without a license brings a $5,000 civil penalty for a first offense, and a third offense is a Class C felony. The state adds a 10 percent excise tax on the retail price.[1, 2] |
| Labels and lab testing | Each batch needs a certificate of analysis from an independent lab, and the label must carry a scannable code linked to it. Labels must list ingredients, manufacture and expiration dates, batch number, total mg of THC per container and per serving, and warnings (keep away from children, may cause a failed drug test, not safe under 21, not safe in pregnancy or breastfeeding, may impair driving). Packaging must be child-resistant and may not appeal to children.[1, 4] |
| Medical and adult-use marijuana | As of November 2, 2026, the Alabama Medical Cannabis Commission reports that the state's first medical cannabis dispensary opened on June 4, 2026, and that a second was set to open in Talladega in late August 2026. Alabama's hemp retail law does not cover medical cannabis. We found no adult-use (recreational) program in the sources we reviewed.[1, 5, 6] |
| November 12 and December 11, 2026 | Alabama's act says a federal law enacted after July 1, 2025 that conflicts with the chapter "shall supersede" the conflicting provision (§ 28-12-1(d)). The federal change signed November 12, 2025 may qualify, and its 0.4 mg per container limit on finished products would then conflict with Alabama's 10 mg and 40 mg limits. That is our reading of the text. We found no court ruling or state guidance on it.[1, 7, 8] |
How Alabama's hemp law is built
Alabama's main hemp retail law is Act 2025-385 (House Bill 445), which became Chapter 12 of Title 28 of the Code of Alabama. It took effect on July 1, 2025. Most of the retail rules began on January 1, 2026.[1]
The law covers any finished product made for people or animals to consume that has hemp or a hemp-derived compound in it. "Consuming" includes eating, drinking, and putting a product on skin or hair. The definition of cannabinoids names CBD and THC from hemp.[1]
The law says it does not apply to medical cannabis, and it does not limit hemp work that the state Department of Agriculture and Industries regulates.[1]
Hemp definition and THC limits
The act defines hemp by pointing to Ala. Code § 2-8-381. We could not read the official text of that section, so we do not quote it here.[1]
For finished products, the act sets limits in milligrams. A drink or edible serving may hold up to 10 mg of total THC. Other products, such as topicals and sublingual products, may hold up to 40 mg per container. Edibles must be wrapped one serving at a time, and one carton may hold up to 40 mg.[1, 4]
Lab tests must report total THC (THC plus THCA) and total CBD (CBD plus CBDA).[1]
Smokable hemp and chemically converted cannabinoids
Smokable hemp is banned. The act lists hemp cigarettes, cigars, joints, buds, flowers, leaves, and ground flower, and it applies to any product that contains a cannabinoid, whether or not it is psychoactive.[1]
Products with psychoactive cannabinoids made by chemical synthesis, modification, or conversion from another cannabinoid using non-cannabis materials are also banned. THC produced from naturally occurring acidic forms, such as THCA, by heat or light alone, without chemical reagents or catalysts, is not covered by that ban.[1]
Selling or possessing a product excluded from the definition is a Class C felony. ABC rules also require lab certificates to state that the lab holds documentation showing the sample was not made by chemical conversion.[1, 4]
We could not confirm whether vape products fall under the smokable ban, so we do not say.
Where and how hemp products are sold
Since January 1, 2026, consumable hemp products may be sold in Alabama only by retailers licensed by the ABC Board, and only to adults 21 and older. A county or city must approve the license application first.[1]
Specialty hemp retailers and liquor retailers must keep their stores open only to people 21 and older. Pharmacies may sell topical and sublingual products. Retail food stores may sell hemp drinks, which must be kept behind glass in a separate area with a sign.[1, 2]
Online sales, direct delivery, drive-through sales, and shipping to Alabama residents are banned.[1]
An enrolled 2026 bill, Senate Bill 287, would also let permitted specialty retailers of electronic nicotine delivery systems get a hemp retailer license. Its text sets an October 1, 2026 start date. We could not confirm from official records that it was signed, so we do not treat it as law.[9]
Medical cannabis is separate
Alabama's hemp retail law says it is not about medical cannabis, which is regulated under Chapter 2A of Title 20.[1]
The Alabama Medical Cannabis Commission reports that the state's first medical cannabis dispensary opened on June 4, 2026. It also reported that a second dispensary was set to open in Talladega in late August 2026.[5, 6]
How the federal hemp changes may affect Alabama
Alabama's act says a federal law enacted after July 1, 2025 that conflicts with a provision of the chapter "shall supersede" the conflicting provision.[1]
Federal law signed on November 12, 2025 set a limit of 0.4 mg total THC per container of a finished hemp product. Parts of it take effect on November 12, 2026 and December 11, 2026. Alabama's limits are higher, at 10 mg per serving and 40 mg per container. The supersede clause may therefore matter, but we found no court ruling or state guidance that says how, and this is our reading, not legal advice.[1, 7, 8]
What changes next
Federal change on cannabinoids that plants cannot naturally make
Under federal law as we describe it, this provision starts on November 12, 2026 unless Congress delays it again. Alabama's supersede clause may apply. We could not confirm how.[1, 7, 8]
Rest of the federal hemp change
The remaining federal changes, including the 0.4 mg per container limit on finished products, start on December 11, 2026 unless Congress delays them again. Alabama's 10 mg and 40 mg limits are higher. The supersede clause may matter here.[1, 7, 8]
Who regulates hemp and CBD
- Alabama Alcoholic Beverage Control (ABC) Board: Licenses retailers, enforces the consumable hemp law, and writes rules (Chapters 20-X-32 and 20-X-33).
- Alabama Department of Agriculture and Industries: Runs the state hemp growing and processing program.
- Alabama Medical Cannabis Commission: Licenses and oversees the medical cannabis program.
Timeline
Act 2025-385 takes effect
The act took effect on July 1, 2025, and repealed the old psychoactive cannabinoid law (§ 13A-12-214.4). The chapter says it governs consumable hemp products from January 1, 2026.[1]
ABC Board hemp rules take effect
Chapters 20-X-32 and 20-X-33 of the ABC Board's rules take effect (operative January 1, 2026).[2, 4]
Licensed-retailer system begins
Consumable hemp products may be sold only by ABC licensed retailers, to adults 21 and older. Testing, label, and packaging rules apply.[1, 2]
First medical cannabis dispensary opens
The Alabama Medical Cannabis Commission reports the first dispensary opened.[5]
Sources
Show 9 references
- HB445 Enrolled (Act 2025-385), adding Ala. Code §§ 28-12-1 to 28-12-62
- Alabama ABC Board Administrative Code Chapter 20-X-33, Licensure of Consumable Hemp Products
- Ala. Admin. Code r. 80-10-21-.02, Industrial Hemp Definitions (Dept. of Agriculture and Industries)
- Alabama ABC Board Administrative Code Chapter 20-X-32, General Provisions (Consumable Hemp)
- What is the status of medical cannabis dispensaries in Alabama? (AMCC FAQ)
- Alabama Medical Cannabis Commission, News
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- SB287 Enrolled, 2026 Regular Session (amending Ala. Code § 28-12-45)
Other states
CBD in the United States · Alaska · Arizona · Arkansas · California · Colorado · Delaware · District of Columbia · Florida · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Minnesota · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Carolina · South Dakota · Texas · Virginia · Washington · West Virginia · Wyoming · CBD laws by country
About this page
This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.