Alabama

Is Weed Legal in Alabama?

Medical cannabis was recently legalized in Alabama! Governor Kay Ivey signed SB 46 which legalized medical cannabis. Unfortunately, recreational marijuana is still illegal in the state and has not been decriminalized.

Buying Marijuana in Alabama

As of now, it is not possible to purchase marijuana in Alabama. Medical marijuana dispensaries in Alabama are expected to open sometime in 2023.

Buying Marijuana at a Retail Location

Buying marijuana in Alabama at a retail location is completely illegal at this point. Once medical marijuana dispensaries have opened, patients will be able to purchase medication from them.

Using a Marijuana Delivery Service

Marijuana delivery services are highly illegal in the state of Alabama. If caught on the roads and deemed with an “intent to sell”, you could be charged with a Class B felony- punishable with a minimum of 2 years and a maximum sentence of 20 years in addition to a $30,000 fine.

Store Hours

It is unclear at this time what hours dispensaries will be allowed to be open. Stay tuned!

Purchasing Restrictions

Unfortunately, there are quite a few purchasing restrictions in place once medical cannabis is for sale. Smokable flower, vaping products, candies and baked goods are all illegal under this measure. 

Available Products

As stated above, there will be limited products that have been made legal through this measure. Patients will not be able to buy cannabis bud, vaporizers, or many edibles. 

Taxes on Marijuana in Alabama

Taxes on Recreational Marijuana in Alabama

While it is not legal to purchase marijuana in any form, there are no taxes on marijuana. However, if one were to be in the possession of “contraband” they are legally required to buy and affix state-issued stamps onto said “contraband”. Failure to do so will be subject to extensive fines.

Taxes on Medical Marijuana in Alabama

Alabama will impose a 9% gross proceeds tax for businesses and will also levy an annual privilege tax for dispensaries. It is unclear what patients will have to pay at the moment.

Possession

Possession of cannabis in any form or amount for recreational use in the state of Alabama is a misdemeanor. The maximum sentence for this offense would be a year in jail and a $6,000 fine. Possession of cannabis for non-recreational purposes is deemed as far more serious: minimum of 10 years in prison and a $60,000 fine.

Using Marijuana in Alabama

At this point in time, the use of marijuana in Alabama is highly prohibited.

Smoking on Federal Lands

Regardless of the state, smoking weed on federal land is a federal crime because weed has not yet been legalized nationally. Please refrain from any such activities on federal lands or you will be subject to at least one year of incarceration and a $1000 fine for just possession alone!

Medical Marijuana in Alabama

 Unfortunately, the legislation that passed is quite restrictive as it does not allow the consumption of flower, edibles, or vaporizers. Only 4 dispensaries will be given licenses under this law, with each able to have 3 different locations.  Although this is quite restricting, we’re hopeful for improvements to be made in the future.

How to Get a Medical Marijuana Card in Alabama

At this time, it is not possible to get a medical marijuana card in Alabama. However, once it is possible, patients will first need to have a qualifying condition determined by the state and must have tried other conventional forms of medication before being prescribed medical marijuana. There will be a $65 application fee and the patient’s doctor must also submit a form. Once medical marijuana becomes legalized in the state of Alabama, please be sure to check back in for detailed instructions on how to obtain a medical marijuana card of your own!

Out of State Medical Cards Alabama

Out-of-state residents will be able to apply for a temporary medical marijuana card valid in Alabama. 

How to Transport Marijuana in Alabama

Transporting Marijuana in Alabama

Once it is possible to purchase marijuana in Alabama, patients should be careful when transporting it. Cannabis should be stowed away out of the reach of the driver.

Driving While Under the Influence of Marijuana

There is no legal limit that is safe to drive high in the state of Alabama. Any sign of impairment will warrant a drug inspecting officer to be notified and sent to investigate one’s driving condition. Driving under the influence of marijuana can result in massive legal problems similar to that of a DUI.

Driving Across State Lines with Marijuana

Despite medical legalization, no one under any circumstances is allowed to drive across state lines with marijuana. As mentioned above, marijuana is still illegal in the US on a federal level and state lines are under the federal government’s jurisdiction. Therefore, it is illegal to transport marijuana from state to state, and cops are often told to look for any attempt of smuggling marijuana across state lines.

Growing Marijuana in Alabama

Growing Marijuana in Alabama is strictly prohibited. Alabama has set forth many punishments and fines for those caught growing weed within the state. If caught possessing or using paraphernalia, the crime will be seen as a misdemeanor and is punishable with a $6,000 fine and up to a year in jail. If deemed with the intent to manufacture and sell marijuana, your punishment quickly becomes a felony- resulting in a $15,000 fine and 1-10 years in incarceration.  

Resources

• https://www.mpp.org/states/alabama/
• https://norml.org/laws/alabama-penalties/
• https://www.marijuanaandthelaw.com/state-laws/alabama/
• https://www.mpp.org/states/alabama/alabama-compassion-act-bill-summary/#:~:text=Alabama's%20Compassion%20Act%20%E2%80%94SB%20165,to%20the%20House%20for%20consideration.