CBD Laws in Alabama
In late 2018, the federal government passed a new law that removed hemp-derived products from the controlled substances schedules, therefore making these products legal. One hemp-derived product that soon became the focus of many state laws is Cannabidiol, commonly known as CBD. Despite both being products of cannabis, hemp does not have the psychoactive properties of marijuana, which is what would make a user get “high,” though many people believe it does have other health benefits.
Many people use CBD products for anxiety, pain relief, and more, so it is critical to be clear about the legality of CBD in your state, as each state has widely varying laws. What is perfectly legal in one state might land you in jail in the neighboring state. The following is an overview of CBD laws in Alabama in 2020.
State Laws
Even though CBD is now legal on the federal level, each state has the power to set its own laws regarding legality, and each state is vastly different. Some states have not yet legalized any form of cannabis – including CBD – for any reason, while eleven states have fully legalized recreational marijuana. To make things more confusing, state laws are constantly changing regarding this issue.
Currently, in Alabama, CBD is only legal to possess if you have a debilitating seizure disorder and have your doctor’s recommendation. As in most states, the CBD must have less than 0.3 percent THC, which is the psychoactive property of marijuana. Pharmacies can sell CBD oil, though retail stores cannot sell CBD to the general public.
Most of the states surrounding Alabama also allow CBD for specified medical purposes. However, medical prescriptions for CBD do not necessarily apply across state lines. It is wise to never take CBD with you when you are driving into neighboring states from Alabama or vice versa.
Criminal Penalties for Cannabis
If you do not have a qualifying medical reason to possess CBD, possession can be prosecuted just like marijuana possession in Alabama. In fact, it can be impossible to distinguish CBD from marijuana without special testing to read THC levels. This means that you can be arrested and face harsh penalties for possessing CBD with permission in Alabama.
Possible charges and penalties if you are accused of possessing any amount for personal use include:
● Class A misdemeanor charge
● Up to one year in jail
● Fines up to $6,000
The charges are enhanced to a felony if you were alleged to possess CBD with the intent to distribute or sell it to another person.
If you do not have an eligible medical condition, CBD possession can result in a permanent criminal record and costly consequences. It is important to aggressively defend against these charges with the help of a criminal defense lawyer in Montgomery. Note that having certain medical conditions or being the caretaker of someone with such a condition is a defense to CBD possession charges.
Speak with a Montgomery Criminal Defense Attorney Right Away
If you are arrested for marijuana possession, contact Luck Law right away. Criminal defense lawyer Terry Luck is ready to protect your rights, so please contact us online or call 334-262-5455 today.
