THC gummies have become one of the most popular cannabis-derived products in the United States, especially in states where smoking cannabis is restricted or prohibited. In Alabama, however, the legality of THC gummies is often misunderstood due to the state’s strict marijuana laws and recent updates to hemp regulations. Many residents are unsure whether THC gummies are legal, where they can be purchased, and what rules apply.
As of 2026, Alabama has clarified its stance on THC gummies through new legislation, creating a clear distinction between hemp-derived and marijuana-derived products. Knowing these differences can help you stay compliant with Alabama’s laws and avoid any potential issues when buying or using THC gummies.
Key takeaways
- Hemp-derived THC gummies are legal in Alabama if they meet strict state limits
- Gummies must contain no more than 10mg of total THC per gummy and 40mg per package
- Sales are restricted to adults aged 21 and older
- Online sales of hemp-derived THC gummies are prohibited in Alabama
- Marijuana-derived THC gummies are only legal for registered medical marijuana patients
- Recreational marijuana remains illegal in Alabama
Understanding THC Gummies and How They Differ
THC gummies are edible products infused with tetrahydrocannabinol, the compound responsible for cannabis’s psychoactive effects. While the end product may look similar on store shelves, the source of the THC plays a significant role in whether a gummy is legal in Alabama.
Hemp-derived THC gummies are made from hemp plants that contain less than 0.3 percent delta-9 THC by dry weight. This definition comes from the 2018 Farm Bill, which legalized hemp at the federal level. Because of this law, hemp-derived cannabinoids such as delta-8, delta-9, and delta-10 THC can be legally produced as long as they originate from hemp-derived CBD.
Marijuana-derived THC gummies, on the other hand, are made from cannabis plants with higher concentrations of THC. These products are regulated under marijuana laws rather than hemp laws and are treated much more strictly in Alabama.
This distinction is the foundation of Alabama’s current THC gummy regulations and explains why some products are legal while others are not.
Are Hemp-Derived THC Gummies Legal in Alabama?
Yes, hemp-derived THC gummies are legal in Alabama, but only under particular conditions. While federal law allows hemp-derived products, Alabama has chosen to impose its own restrictions on how these gummies can be sold and consumed within the state.
Under Alabama law, hemp-derived THC gummies must meet the following requirements:
- Each gummy may contain no more than 10 milligrams of total THC
- Each package may contain no more than 40 milligrams of total THC
- Products may only be sold to adults aged 21 and older
- Gummies must be sold in physical retail locations
- Online and direct-to-consumer sales within Alabama are prohibited
These rules are designed to limit potency, reduce youth access, and provide more oversight of hemp-derived THC products. While hemp-derived THC gummies remain federally legal, Alabama’s state-level restrictions significantly affect how residents can access them.
If you’re considering hemp products, it’s important to remember that smokable hemp and synthetic cannabinoids are banned in Alabama.
Marijuana-Derived THC Gummies and Medical Use
Marijuana-derived THC gummies are treated very differently in Alabama. Recreational marijuana use remains illegal, and marijuana-derived THC gummies are not available to the general public.
However, Alabama does allow limited medical marijuana use through its medical cannabis program. Registered medical marijuana patients may legally access marijuana-derived THC products if they meet state requirements and have a qualifying medical condition.
Even within the medical program, availability depends on regulatory approval, licensed dispensaries, and specific product guidelines. Not all THC gummies are automatically permitted, and patients must follow strict rules regarding possession and use.
For anyone who is not a registered medical patient, marijuana-derived THC gummies remain illegal in Alabama, regardless of THC content or form.
House Bill 445 and Alabama’s New Hemp Regulations
In May 2025, Alabama significantly reshaped its hemp laws with the passage of House Bill 445. Signed into law by Governor Kay Ivey, this legislation introduced some of the most comprehensive hemp regulations the state has seen.
HB 445 was created in response to concerns about unregulated THC products, inconsistent labeling, and youth access. The law grants state agencies increased authority to regulate hemp-derived products and establishes clear compliance standards for businesses.
Key provisions of HB 445 include:
- A maximum of 10mg of total THC per serving and 40mg per package
- Mandatory age verification for customers 21 and older
- Retail licensing through the Alabama Alcoholic Beverage Control Board
- An annual licensing fee of $1,000 for retailers
- Independent laboratory testing and certificates of analysis
- Child-resistant packaging with non-appealing designs
- A ban on online sales and direct shipping to consumers
- A 10 percent excise tax on consumable hemp products
The law officially takes effect on July 1, 2025, with a compliance deadline of January 1, 2026. After that date, any business operating outside these guidelines may face penalties or enforcement action.
What These Laws Mean for Consumers and Businesses
For consumers, the updated regulations provide clarity but also limit convenience. Adults aged 21 and older can legally purchase hemp-derived THC gummies that meet Alabama’s potency and packaging standards, but only through licensed in-store retailers. The prohibition on online sales means residents must buy products in person within the state.
Some consumers may still experience confusion due to federal hemp protections; however, state enforcement primarily focuses on in-state sales and compliance with Alabama law. Staying informed is essential to avoid purchasing illegal products.
For businesses, HB 445 introduces new operational challenges. Retailers must secure proper licensing, ensure all products are tested and labeled correctly, and comply with strict sales limitations. The ban on smokable hemp products and online sales may also impact the revenue of businesses that previously relied on these channels for their operations.
At the same time, the law establishes a regulated marketplace that prioritizes transparency, safety, and accountability, which may ultimately benefit compliant businesses.
Conclusion
THC gummies are legal in Alabama, but only within a narrow legal framework that distinguishes hemp-derived products from marijuana-derived ones. Hemp-derived THC gummies are permitted for adults 21 and older when they meet strict potency, packaging, and retail requirements. Marijuana-derived THC gummies remain illegal for recreational use and are only available to registered medical marijuana patients.
With the implementation of House Bill 445, Alabama has made it clear that hemp-derived THC products will be closely regulated moving forward. Understanding these laws is crucial for making informed decisions and ensuring compliance.
For those looking to learn more about hemp-derived THC products and current regulations, visit indacloud.co to learn educational resources and stay informed.


