Although medical cannabis is legal in Alabama, the state’s cannabis board cannot register patients at this time. Alabama’s medical program is expected to launch in late 2023. Recreational marijuana use is illegal according to state law.

In 2014, Alabama passed its first piece of cannabis legislation when SB 174 was signed into law. Commonly known as Carly’s Law, SB 174 permitted doctors at the University of Alabama, Birmingham, to administer CBD oil (with less than 0.3% THC) to children with severe epileptic conditions. Two years later, the state enacted HB 61, or Leni’s Law, which decriminalized CBD produced outside of Alabama and authorized the use of CBD oil to treat chronic or debilitating conditions.

Alabama’s medical cannabis program was expanded further with the passage of SB 46 by Governor Kay Ivey in 2021. Also known as the Darren Wesley ‘Ato’ Hall Compassion Act, this bill stipulated 16 qualifying conditions for medical cannabis treatment and established the Alabama Medical Cannabis Commission (AMCC) to administer the rules and regulations of the state’s medical marijuana program. Although this groundbreaking legislation has been made into law, Alabama’s medical marijuana program is in the development phase and is not expected to be fully operational until late 2023 or early 2024.

While medical cannabis legislation continues to evolve, the recreational use of cannabis remains illegal in Alabama.

Medical Marijuana Laws in Alabama

The development of the state’s medical marijuana program has been gradual, with sales expected to begin in late 2023. To date, the Alabama legislature has approved specific medical cannabis laws that prospective patients should be aware of.

With a recommendation from a certified physician, adults 19 and older can apply for a medical cannabis card. Qualified residents will be allowed to possess 50-75 mg of medical cannabis per day from a licensed medical marijuana dispensary. Patients will be limited to 50 mg of cannabis per day for the first 90 days; a certified doctor may approve a maximum daily limit of 75 mg thereafter.

Additionally, there will be no dosage limit for those who are terminally ill. Patients under 19 must designate a parent or guardian over 21 to purchase and administer medical marijuana on their behalf. A caregiver may not consume marijuana unless they are a registered medical cannabis patient as well.

Alabama will permit the use of the following medical marijuana products:

• Capsules
• Tablets
• Topicals (such as gels, oils, balms, and creams)
• Tinctures
• Suppositories
• Transdermal patches
• Nebulizers
• Liquids or oils to be used in an inhaler

Dried flower, vape or smokeable products, and marijuana-infused foods/edibles will remain illegal. Home cultivation of marijuana is also prohibited in Alabama.

The proposed retail sales tax rate on medical marijuana purchases is set at 9%. Patients will also be charged a medical excise tax of 9% on all cannabis products. Alabama plans to allocate this tax revenue to a general fund as well as medical cannabis research.

As for recreational cannabis use, despite recent legislative efforts, recreational marijuana possession and marijuana use remains illegal in Alabama. Penalties for violating current cannabis laws range from a misdemeanor to a felony, with fines starting at $6,000 and jail time of up to 99 years. Conversely, the state places no restrictions on the adult use and possession of hemp-derived products such as CBD oil, delta-8, and delta-10.

What to Know About About Medical Cannabis in Alabama

Once Alabama launches its medical marijuana program, qualified cardholders will be expected to follow the guidelines and regulations put forth by the state. Listed below are key elements regarding medical cannabis use in Alabama.

Certain Medical Conditions Qualify for Medical Cannabis

The following is a list of qualifying conditions for medical marijuana certification in Alabama:

• AIDS/HIV-related nausea or weight loss
• Autism spectrum disorder
• Cancer-related cachexia (weight or muscle loss), nausea or vomiting, weight loss, or chronic pain
• Conditions causing chronic or intractable pain
• Crohn’s disease
• Depression
• Epilepsy or a condition causing seizures
• Panic disorder
• Parkinson’s disease
• Persistent nausea
• Post-traumatic stress disorder (PTSD)
• Sickle cell anemia
• Spasticity associated with multiple sclerosis or spinal cord injuries
• Terminal illness
• Tourette’s syndrome

Telemedicine Is Allowed

While Leafwell is currently unavailable in Alabama, our medical marijuana services are coming soon! Join our waitlist to be the first to know when we go live.

Alabama Does Not Have Reciprocity Laws

Although Alabama does not currently have medical marijuana reciprocity, Alabama MMJ cards may one day be recognized in the following states that do:

• Arizona
• Alaska ^
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Michigan (qualifying state must also have reciprocity with Michigan)
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay.

States marked with ^ have adult use programs but do not accept out-of-state cards.

There Are Employment Protections for Certain Medical Marijuana Patients

Alabama employers will not be prohibited from refusing to hire applicants or taking adverse actions against employees who test positive for cannabis, including those with a valid medical marijuana card.

Can You Grow Cannabis In Alabama?

No, you cannot grow cannabis in Alabama. It is illegal for individuals to cultivate cannabis in Alabama, regardless of whether they are medical marijuana patients or not.

The Bottom Line

Although the medical use of marijuana has been legalized, Alabama’s medical cannabis program isn’t expected to launch until late 2023. In addition, hemp-derived cannabinoids such as delta-8, delta-10, and CBD are also legal for personal use. Recreational marijuana use, however, is prohibited. As Alabama’s marijuana legislation begins to take shape, frequently check in with the AMCC to learn when you can register for the new medical cannabis program.