Those that live in Alabama and are confused about the legality of cannabidiol, or CBD, are not to blame. In November of 2018, the state’s Attorney General, Angie Hamilton, announced during a press conference that CBD oil was still illegal throughout Alabama. The very next month though, she updated a public notice clarifying that some CBD oil is considered legal in the state. So, how are consumers to know what is legal and what is not?
“The most recent news is good for those suffering from certain afflictions that CBD can help with,” says Whitney Polson of Polson & Polson, P.C. “However, the many press releases and clarifications have made it confusing for those looking for the very relief that was once considered off-limits in Alabama.”
To clear it up, the AG’s office stated that industrial hemp is legal in Alabama, even if it contains CBD. Industrial hemp is part of the marijuana plant. The difference between hemp and other marijuana products is that it contains very little, if any, THC. It is this clarification of industrial hemp that was covered under the new farm bill passed in Congress in December. As long as the industrial hemp products contain 0.3 percent or less of THC, it is legal to produce, sell, and possess these products in the state.
So, what type of products are made from industrial hemp? Typically these include paper, textiles, biodegradable plastics, construction materials, health food, and even fuel. The best news for those looking for relief from certain ailments and conditions is that certain CBD oils are also made from industrial hemp. As long as these do not go over the THC limit outlined by the Attorney General, these too are also legal.
Some exceptions to the law remain. For example, those who have epilepsy or that have a prescription for CBD from the UAB Department of Neurology can still use CBD oil under Carly’s Law and Leni’s Law. Even in these instances though, the CBD oil cannot contain more than three percent of THC. These laws too, could possibly change soon. Carly’s Law is set to expire in July of this year.
