Are THC Gummies Legal in Alabama?

As of May 2025, the legal landscape surrounding THC gummies in Alabama has undergone significant changes, particularly with the enactment of House Bill 445 (HB 445).

This article delves into the distinctions between hemp-derived and marijuana-derived THC gummies, outlines the current legal status across various states, and provides an in-depth analysis of Alabama's new regulations under HB 445.

Understanding THC Gummies: Hemp-Derived vs. Marijuana-Derived

Hemp-Derived THC Gummies

Hemp-derived THC gummies, such as our delta-9 gummies and THC sleep gummies, are produced from hemp plants containing less than 0.3% delta-9 tetrahydrocannabinol (THC) by dry weight, as defined by the 2018 Farm Bill.

These products often contain cannabinoids like delta-8, delta-9, or delta-10 THC, synthesized from hemp-derived cannabidiol (CBD). Due to the federal legalization of hemp, these gummies have been widely across the US, including states where marijuana remains illegal. 

Marijuana-Derived THC Gummies

In contrast, marijuana-derived THC gummies are made from cannabis plants with higher THC concentrations. Their legality varies by state:

• Medical Use: Permitted in states with medical marijuana programs, requiring patients to obtain a doctor's recommendation.

• Recreational Use: Allowed in states that have legalized marijuana for adult use, enabling the sale and consumption of THC products without medical prescriptions.

Legal Status of THC Gummies Across the U.S.

Hemp-Derived THC Gummies

Hemp-derived THC gummies are completely legal at the federal level, but some states are making their own laws around their sale and consumption. While federally legal, some states have imposed restrictions or bans on these products. Consumers should continually look for updates to determine their state's regulations, since the industry is constantly in flux.

That being said, many brands continue to sell and many consumers continue to purchase these hemp products under the protection of federal law. 

Marijuana-Derived THC Gummies

• Medical Use: As of 2025, medical marijuana programs are operational in numerous states, including Alabama. However, the availability of products like THC gummies depends on state-specific regulations and program implementations.

• Recreational Use: Recreational marijuana use is legal in several states, permitting the sale and consumption of marijuana-derived THC gummies. Alabama, however, has not legalized recreational marijuana.

HB 445: Alabama's New Hemp Regulation Law

On May 14, 2025, Governor Kay Ivey signed HB 445 into law, introducing stringent regulations on hemp-derived products in Alabama. The law aims to address public health concerns, particularly regarding youth access to THC products.

Key Provisions of HB 445

• THC Limits: Consumable hemp products are limited to 10 milligrams of total THC per serving and 40 milligrams per package. 

• Age Restrictions: Sales are restricted to individuals aged 21 and older.

• Licensing and Regulation: Retailers must obtain a license from the Alabama Alcoholic Beverage Control (ABC) Board, with an annual fee of $1,000. The ABC Board is tasked with overseeing the regulation of these products.

• Product Testing and Labeling: All consumable hemp products must undergo testing by independent laboratories and carry certificates of analysis. Packaging must be child-resistant and free from designs appealing to children.

• Sales Restrictions: Online and direct-to-consumer sales are prohibited. Smokable hemp products and synthetic cannabinoids are banned.

• Excise Tax: A 10% excise tax is imposed on the retail sale of consumable hemp products, with revenues allocated to the State General Fund and local municipalities.

Implementation Timeline

• Effective Date: July 1, 2025.

• Compliance Deadline: Businesses must fully comply with the new regulations by January 1, 2026.

Impact on Consumers and Businesses

For Consumers

Alabama residents aged 21 and over can legally purchase hemp-derived THC gummies that comply with the new THC limits and packaging requirements. However, the ban on online sales means consumers must purchase these products in person from licensed retailers unless they want to purchase online under the protection of the 2018 Federal Farm Bill. 

For Businesses

Retailers must navigate the licensing process, adhere to strict product testing and labeling standards, and adjust to the prohibition of online sales. The ban on smokable hemp products may also impact businesses that previously relied on these items.

Conclusion

While THC gummies remain legal in Alabama under specific conditions, HB 445 introduces comprehensive regulations that significantly alter the landscape for both consumers and businesses.

Hemp-derived THC gummies can be purchased online, under the purview of the 2018 Federal Farm Bill, but the state of Alabama is imposing their own legal restrictions on the state-side. 

Understanding these changes is crucial for compliance and informed decision-making.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?

***DISCLAIMER: The hemp industry is in constant flux and the regulatory landscape changes frequently. This is article is not legal advice. Always check with local laws before purchasing any cannabis-based products.