Is CBD Oil Legal in Alabama?

Is CBD Oil Legal in Alabama?

Yes, CBD oil is legal to an extent in Alabama. Alabama complies with the federal Agricultural Improvement Act of 2018. Therefore the legality of CBD oil in the state depends on the source. CBD oil comes from either cannabis or hemp. Cannabis is illegal for recreational use in Alabama. Therefore CBD oil from cannabis plants is illegal in the state. Only a qualified physician may recommend cannabis-based CBD oil in Alabama.

CBD oil from hemp is legal in Alabama. The Agricultural Act of 2018 removed hemp from the list of controlled substances, making hemp-derived CBD oil containing less than 0.3% THC legal in Alabama and other states. However, Alabama’s HB 445, that became law on January 1, 2026 expressly bans smokable and inhalable hemp products. These illegal products include hemp cigars, cigarettes, joints, vapes, and other related products containing CBD oil.

What are Alabama CBD Laws in 2026?

The possession, sale, use, and distribution of hemp-derived CBD products containing less than 0.3% THC are legal in Alabama, as long as they are not smokable or vaporizable products. The state also approves the use, possession, sale, and distribution of the FDA-approved prescription medicine, Epidiolex containing CBD.

Alabama law prohibits individuals from growing, handling, processing, or storing hemp or cannabis at home without a valid license issued by the Alabama Department of Agriculture and Industries (ADAI). Under the state’s Industrial Hemp Plan, licensed cultivators must notify the ADAI before harvesting their hemp plot. The ADAI samples and analyzes the hemp harvest to ensure that they contain no more than 0.3% THC before processing into CBD products. If the THC is more than 0.3%, the ADAI destroys the hemp crop.

Alabama law prohibits licensed hemp cultivators and processors from doing the following:

• Transport hemp designated for CBD products with a THC above 0.3%
• Cultivating, processing, or storing hemp intended for CBD at a site not included in the ADAI-issued license
• Selling hemp crops with over 0.3% THC, intended for CBD products, without a release document issued by the ADAI. The ADAI revokes the license of the offender
• Granting unsupervised public access to their hemp sites
• Transporting live hemp plants or viable seeds designated by the ADAI as a prohibited variety

What are Alabama CBD Possession Limits?

Alabama does not restrict the amount of CBD product an individual may possess. Consumers may purchase CBD oil or any other CBD products without prescription or limit, provided the product is derived from hemp and contains no more than 10 mg THC per serving.

In accordance with HB 445, the sales of all hemp-derived products, including hemp-based CBD oil products, in Alabama is restricted to specialty stores accessible to residents aged 21 or older.

Can Doctors Prescribe CBD Oil in Alabama?

In 2018, the Alabama Department of Public Health (ADPH) approved an FDA-authorized drug containing CBD for medical use. The drug, Epidiolex, formulated as oil, is legal for doctors to prescribe for treating seizures in patients diagnosed with Dravet syndrome, Lennox-Gastaut syndrome, and tuberous sclerosis complex. Doctors in Alabama may only prescribe Epidiolex for qualifying patients one year and older.

Per Alabama’s Leni law, persons with certain debilitating medical conditions characterized by seizures can register as patients to be eligible for CBD oil. Eligible patients with conditions such as Parkinson’s, dementia, multiple sclerosis, Alzheimer’s, or cancer must receive a diagnosis from a doctor. However, the doctor can not prescribe CBD oil. Such patients can access CBD products from states where cannabis-based CBD oil is legal.

Generally, doctors in Alabama do not prescribe hemp-derived CBD oil or other hemp CBD products for individuals. They may, however, recommend CBD oil and products to patients. Individuals who desire to purchase hemp-based CBD oil and CBD products can buy them online or over the counter within the state.

How Old Do You Have to Be to Buy CBD in Alabama?

With the passage of HB 445, Alabama put age-restriction on access to hemp-derived products, including CBD products. Only residents aged 21 or over can buy hemp-derived THC and CBD products. CBD products for medical cannabis patients may be available to younger patients. Eligible patients with Alabama medical marijuana cards may buy CBD products from medical marijuana dispensaries in the state as long as they are 19 years or older. Minors, registered in the state’s medical marijuana program, need caregivers (who must be their parents or legal guardians) to buy such products.

What are the Licensing Requirements for CBD in Alabama?

In Alabama, persons interested in cultivating or processing hemp to produce and sell CBD products must obtain a permit from the ADAI. Intending cultivators and processors of hemp for CBD must reside in Alabama and have their cultivation or processing sites within the state.

All applicants for hemp cultivation licenses in Alabama must apply online. The department requires growers and processors to include their business formation documents, articles of incorporation, and criminal background check reports. Prospective cultivators and processors must pay the application and license fees when submitting their applications online. Alabama hemp cultivation or processing license is valid for one year.

Other requirements include:

• Detailed aerial photos of the proposed hemp cultivation site
• A criminal background check report for all key members of a partnership or corporation
• GPS coordinates from the center of the intended hemp cultivation or processing site
• A valid driver's license
• For outdoor sites, the minimum requirement is one acre, used to plant not less than 1,000 plants
• Indoor sites must not be less than 1,500 square feet and used to grow no less than 500 plants
• The minimum requirement for hemp processing facilities is 1,500 square feet

Through HB 445, Alabama has established specific rules for the labelling of consumable hemp products, such as hemp-derived CBD products. In addition, the state complies with the FDA requirement for CBD product labeling. Therefore, CBD manufacturers must include the following information on their product labels:

• The product information, including its strain, THC content, and what it does
• The manufacturer and distributor's name, address, and phone number
• The quantity of the content
• The CBD concentration per serving
• A list enumerating the ingredients used in making the CBD product
• The product's nutritional content
• An FDA warning statement about the safety and efficacy of the product
• A QR code, scannable barcode, or website address linked to a document containing information about the product
• The product's material facts, including usage, manufacturing and expiry date, and batch code

Where to Buy CBD in Alabama?

Alabama residents may buy hemp-based CBD products only from approved specialty stores such as pharmacies selling topical and sublingual hemp products and retail food stores selling beverage hemp products. The state’s law also requires other retail establishments selling consumable hemp products to deny entry to anyone under the age of 21. No store can sell smokable or vaporized CBD products in the state. Beverages and ingestibles such as seltzers and gummies containing hemp-derived CBD are allowed but only if they contain less than 10 mg of THC per serving.