Is Marijuana Legal in Alabama?
Recreational marijuana use is illegal in Alabama. However, there are statutory provisions that allow for its medicinal use.*
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As of 2023, marijuana in Alabama is legal for medical purposes but illegal for recreational use. The medical marijuana program was established under the Darren Wesley ‘Ato’ Hall Compassion Act, passed in 2021, which allows patients with certain qualifying conditions to legally obtain and use marijuana. However, there are strict rules in place:
1. Medical Marijuana:
- Patients must be 19 years or older and have a qualifying medical condition.
- Consumption is limited to 50 milligrams per day, though terminally ill patients may be prescribed up to 75 milligrams.
- Smoking, vaping, and edibles are prohibited; legal forms include capsules, tablets, tinctures, topicals, nebulizers, transdermal patches, suppositories, and certain oils.
- Patients must possess a state-issued medical marijuana card and purchase only from licensed dispensaries.
- Minors under 19 require a registered caregiver for purchase and use.
2. Recreational Marijuana:
- Still illegal as of the latest update.
- A bill (Senate Bill 160) was proposed to decriminalize possession of small amounts (less than 2 ounces), reducing penalties to a $250 fine and allowing for expungement, but this bill was postponed indefinitely in April 2022.
3. Cultivation and Sales:
- The Alabama Medical Cannabis Commission regulates the cultivation, processing, and sale of medical marijuana.
- Licenses were awarded to various businesses for cultivation, processing, and dispensing as of August 2023.
- Recreational sales remain illegal.
4. Penalties:
- Possession without a prescription is still a criminal offense, with penalties including fines and possible jail time, depending on the amount.
- Driving under the influence of marijuana is illegal.
- Gifting marijuana and possession of marijuana paraphernalia are also criminal offenses.*
Legal Status of Delta-9 in Alabama
Legal Status of Delta-8 in Alabama
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Statutory References:
The Darren Wesley ‘Ato’ Hall Compassion Act (Senate Bill 46, 2021)
Alabama Medical Cannabis Commission Regulations (2022)
Proposed Senate Bill 160 (2022) for decriminalization (not yet passed as of the latest update)
Alabama Senate Bill 160 (2022)