Market snapshot

Trends and prospects

How would you describe the current state of the cannabis industry in your jurisdiction, including areas of growth, market prospects and trends, and M&A activity?

The possession, use, and distribution of cannabis is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). As such, there is no legal cannabis industry in Alabama. However, the market prospects for cannabis (including hemp) are promising given Alabama’s abundance of fertile farmland, low property taxes, and relatively inexpensive and available workforce.

Legal framework

Legislation

What primary and secondary legislation governs the use, cultivation and retail of cannabis in your jurisdiction?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% in Alabama. 

The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” The Agriculture Improvement Act 2018 permits states to assume control of the regulatory authority over hemp and expressly states that it does not pre-empt them from implementing more stringent regulations regarding hemp. Alabama has yet to promulgate hemp regulations, but the Alabama Department of Agriculture and Industries has stated that the Alabama Industrial Hemp Research Program Act will be reviewed and amended in light of Congress’s passage of the Agriculture Improvement Act 2018. Consequently, rules and regulations relating to hemp in Alabama have yet to be determined.

Regulators

What bodies regulate the use, cultivation and retail of cannabis, and what is the extent of their powers?

The Alabama Department of Forensic Sciences and the Department of Neurology at the University of Alabama at Birmingham controls the limited use of cannabidiol products, including Carly’s law and Leni’s law, which provide an affirmative defense from prosecution for the possession of certain medical-use cannabidiol products. Cannabidiol products that are derived from hemp do not fall within the definition of “marijuana” under Alabama law and are therefore regulated like other prescription drugs by the Alabama Department of Public Health (Section 20-2-2(14) of the Code of Alabama 1975). Hemp is regulated by the Alabama Department of Agriculture and Industries (Section 2-8-382 of the Code of Alabama 1975). All other forms of cannabis are illegal in Alabama, and the state’s marijuana laws are enforced by state and local law enforcement (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975).  

Personal use and cultivation

Possession and consumption

What rules and restrictions govern the personal possession and consumption of cannabis in your jurisdiction?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% in Alabama. Alabama law also allows for an affirmative defense from prosecution for the possession of cannabidiol for persons with “debilitating medical conditions,” defined as “a chronic or debilitating disease or medical condition including one that produces seizures” (Id. at Section 13A-12-214.3(2)(b)). However, this affirmative defense applies only to distributions of cannabidiol in Alabama by the University of Alabama at Birmingham.

The sale of the US Food and Drug Administration-approved prescription drug Epidiolex, which contains cannabidiol, is legal under Alabama law and is regulated like other prescription drugs (Id.). In addition, Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975).

The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” In response to the new legislation, Alabama issued a notice stating that cannabis containing 0.3% or less is legal in the state. 

Cultivation

What rules and restrictions govern cultivation of cannabis for personal use?

In Alabama, it is unlawful to manufacture a controlled substance, including cannabis with a THC concentration greater than 0.3% (Section 13A-12-217 of the Code of Alabama 1975). 

However, the Agriculture Improvement Act 2018 legalized hemp by removing it from the Controlled Substance Act’s definition of “marijuana.” The Agriculture Improvement Act 2018 permits states to assume control of the regulatory authority over hemp and expressly states that it does not pre-empt them from implementing more stringent regulations regarding hemp. Alabama has yet to promulgate hemp regulations, but the Alabama Department of Agriculture and Industries has stated that the Alabama Industrial Hemp Research Program Act will be reviewed and amended in light of Congress’s passage of the Agriculture Improvement Act 2018. Consequently, until Alabama issues its regulations, the cultivation of hemp will remain illegal.

Use in and outside the workplace

What statutory and case law (if any) governs employers’ ability to restrict cannabis use both in and outside the workplace? Can cannabis use (even medical use) serve as legal grounds for termination?

The Alabama Drug-Free Workplace Program permits employers to implement drug policies prohibiting the use of drugs, including cannabis (Section 25-5-330 et seq. of the Code of Alabama 1975). The program does not restrict employers’ ability to take action against employees for violating drug policies (Id., Section 25-5-338(b)). Alabama law provides no employment accommodations for individuals using medicinal cannabidiol. Thus, cannabis use may serve as legal grounds for termination of employment in Alabama.

Commercial cultivation, retail and marketing

Business licensing requirements

What licensing requirements apply to businesses seeking to cultivate, distribute, produce and sell cannabis products in your jurisdiction? What procedures, timeframes and fees apply in this regard, and on what grounds can a licence be revoked?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). Therefore, no business licenses are available to businesses seeking to cultivate, distribute, produce, or sell cannabis products in Alabama.

The Alabama Industrial Hemp Research Program Act contemplates licensing individuals and businesses to grow hemp for research purposes (Id. at Section 2-8-382). However, the Alabama Department of Agriculture and Industries has stated that the Alabama Industrial Hemp Research Program Act will be reviewed and amended in light of Congress’s passage of the Agriculture Improvement Act 2018. 

Are any businesses specifically prohibited from selling cannabis products?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). As such, all businesses are prohibited from selling cannabis products. 

The University of Alabama at Birmingham has been statutorily granted an affirmative defense to the distribution of cannabidiol, and Epidiolex—a U.S. Food and Drug Administration-approved cannabidiol product—is regulated like any other prescription drug (Id. at Section 13A-12-214.3(2)(b)). Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975).

Zoning and real estate considerations

Are there any zoning restrictions on where businesses can cultivate, produce and sell cannabis products?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). As such, all businesses are prohibited from possessing, using or distributing such cannabis, regardless of location. However, the University of Alabama at Birmingham has been statutorily granted an affirmative defense for the distribution of cannabidiol (Id. at Section 13A-12-214.3(2)(b)).

Are there any other notable real estate issues pertinent to cannabis businesses, including with regard to landlord/tenant relationships and real estate market activity?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). As such, cannabis businesses cannot use real estate in Alabama for the cultivation or distribution of such cannabis.

However, the Alabama Industrial Hemp Research Program Act contemplates licensing individuals and businesses to grow hemp for research purposes (Id. at Section 2-8-382). Although Alabama has not promulgated regulations relating to its hemp program to reflect the Agriculture Improvement Act 2018, the state will likely be an opportune place to grow hemp given its low property taxes, abundance of farmland, and relatively inexpensive workforce. Consequently, Alabama should expect numerous real estate deals relating to hemp in the near future.  

Product restrictions and specifications

Are any cannabis products and accessories prohibited from sale? Do any product specifications apply?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). However, the Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” Therefore, all cannabis products with a THC concentration greater than 0.3% are prohibited from sale in Alabama, other than the cannabidiol product Epidiolex, which is regulated like any other prescription drug in Alabama. Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975). Hemp and its derivative products are now legal in Alabama.   

Further, it is illegal to use, possess with the intent to use, or sell drug paraphernalia in Alabama (Id. at Sections 13A-12-260(c) to (e)). For purposes of Alabama law, “drug paraphernalia” means:

all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of [the State of Alabama]. (Id. at Section 13A-12-260(a).) 

Therefore, cannabis accessories are illegal in Alabama, and no particular product specifications apply to cannabis accessories.

Packaging and labelling

What packaging and labelling requirements apply to the sale and distribution of cannabis products and accessories?

Although the Agriculture Improvement Act 2018 legalized hemp by removing it from the Controlled Substance Act’s definition of “marijuana,” Alabama, has yet to promulgate regulations relating to hemp. Therefore, there are no labelling requirements that apply to the sale and distribution of cannabis products. However, the U.S. Food and Drug Administration-approved drug Epidiolex, is legal in Alabama because it is a cannabidiol derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law. This product is regulated like any other drug in Alabama, so applicable labelling requirements generally apply. In addition, Alabama has yet to promulgate regulations relating to hemp products.

Further, it is illegal to use, possess with the intent to use, or sell drug paraphernalia in Alabama (Id. at Sections 13A-12-260(c) to (e)). For purposes of Alabama law, “drug paraphernalia” means:

all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of [the State of Alabama]. (Id. at Section 13A-12-260(a).) 

Therefore, cannabis accessories are illegal in Alabama and no particular product specifications apply to cannabis accessories.

Advertising and marketing

What rules and restrictions govern the advertising and marketing of cannabis products and accessories (including online)?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, Alabama has yet to promulgate regulations relating to hemp. Therefore, no specific rules or restrictions govern the advertising and marketing of cannabis products. Further, it is illegal to use, possess with the intent to use, or sell drug paraphernalia in Alabama (Id. at Sections 13A-12-260(c) to (e)). For purposes of Alabama law, “drug paraphernalia” means:

all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of [the State of Alabama]. (Id. at Section 13A-12-260(a).) 

Therefore, cannabis accessories are illegal in Alabama and no specific rules or restrictions govern the advertising or marketing of cannabis accessories. 

Branding

What rules and restrictions govern the branding and trademarking of cannabis products and accessories? Are there any other special branding considerations for cannabis businesses?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975).

The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, Alabama has yet to promulgate regulations relating to hemp. Therefore, there are no specific rules or restrictions governing the advertising and marketing of cannabis products. Further, it is illegal to use, possess with the intent to use, or sell drug paraphernalia in Alabama (Id. at Sections 13A-12-260(c) to (e)). For purposes of Alabama law, “drug paraphernalia” means:

all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of [the State of Alabama]. (Id. at Section 13A-12-260(a).) 

Alabama permits individuals to obtain state trademarks under certain situations (Id. at Section 8-12-1 et seq.). While the statute does not address cannabis or cannabis accessories, it does state that marks cannot be registered if they consist of or comprise an immoral matter (Id. at Section 8-12-7(a)(1)).  Further, the U.S. Patent and Trademark Office (USPTO) requires a mark used lawfully in commerce to be trademarked. It therefore does not register marks for cannabis. Consequently, because cannabis with a THC concentration greater than 0.3% and cannabis accessories are illegal in Alabama, the state would likely not register a cannabis or cannabis accessory trademark, especially since the USPTO refuses to do so. Because hemp is legal in Alabama, trademarks relating to hemp are likely registerable. Otherwise, no rules or restrictions govern the branding or trademarking of cannabis products and accessories in Alabama. 

Financing

Private

What private financing options are available for cannabis businesses in your jurisdiction, and what are their respective advantages and disadvantages?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975).

Further, in Alabama, a person is guilty of criminal conspiracy if:

with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement. (Id. at Section 13A-4-3(a).)

Therefore, financing a cannabis business in Alabama would arguably constitute a criminal conspiracy.

The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, Alabama has yet to promulgate regulations relating to hemp. Once it does so, hemp companies should be able to receive private financing. 

Public

What rules and restrictions govern cannabis businesses’ listing and admission to trading on recognised equity securities exchanges? What are the advantages and disadvantages of public listing?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975).

Further, in Alabama, a person is guilty of criminal conspiracy if:

with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement. (Id. at Section 13A-4-3(a).)

Therefore, financing a cannabis business or listing such a business on a securities exchange in Alabama would arguably constitute a criminal conspiracy under Alabama law.

The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” Although Alabama has yet to promulgate regulations relating to hemp, financing an industrial hemp business or listing such a business on a securities exchange in Alabama is unlikely to constitute a conspiracy under Alabama law, as hemp is no longer illegal.

Medical cannabis

Medical use

Which medical conditions qualify for treatment with cannabis products? What other rules and restrictions govern medical use of cannabis (eg, dosage limits)?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% in Alabama. However, Alabama law allows for an affirmative defense from prosecution for the possession of cannabidiol for persons with “debilitating medical conditions,” defined as “a chronic or debilitating disease or medical condition including one that produces seizures” (Id. at Section 13A-12-214.3(2)(b)). Notably, this affirmative defense applies only to distributions of cannabidiol in Alabama by the University of Alabama at Birmingham.

In addition, the Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” Thus, cannabis products with a THC concentration of 0.3% or less can legally be used without a prescription.

Further, the sale of the U.S. Food and Drug Administration-approved prescription drug Epidiolex, which contains cannabidiol, is legal under Alabama law and is regulated like other prescription drugs. Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975). 

Physician licensing

What licensing requirements apply for physicians seeking to prescribe cannabis products to patients?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a THC concentration greater than 0.3% in Alabama. However, Alabama law allows for an affirmative defense from prosecution for the possession of cannabidiol for persons with “debilitating medical conditions,” defined as “a chronic or debilitating disease or medical condition including one that produces seizures” (Id. at Section 13A-12-214.3(2)(b)). The University of Alabama at Birmingham can distribute limited amounts of medical-use cannabidiol. 

Further, the sale of the U.S. Food and Drug Administration-approved prescription drug Epidiolex, which contains cannabidiol, is legal under Alabama law and is regulated like other prescription drugs. Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975). 

Pharmacy licensing

What licensing requirements apply for pharmacies seeking to dispense cannabis products?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a THC concentration greater than 0.3% in Alabama. However, Alabama law allows for an affirmative defense from prosecution for the possession of cannabidiol for persons with “debilitating medical conditions,” defined as “a chronic or debilitating disease or medical condition including one that produces seizures” (Id. at Section 13A-12-214.3(2)(b)). Only the University of Alabama at Birmingham may distribute cannabidiol.

Therefore, pharmacies cannot legally dispense cannabis products under Alabama law other than Epidiolex, a cannabidiol product which is regulated like any other prescription drug in Alabama. Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975). 

Health insurance

How are cannabis products covered by health insurers (both public and private)? Are there any rules or restrictions in this regard?

The Drug Crimes Amendments Act 1987 (Sections 13A-12-210 et seq. of the Code of Alabama 1975) prohibits the use, production, distribution, and possession of cannabis with a THC concentration greater than 0.3% in Alabama. However, Alabama law allows for an affirmative defense from prosecution for the possession of cannabidiol for persons with “debilitating medical conditions,” defined as “a chronic or debilitating disease or medical condition including one that produces seizures” (Id. at Section 13A-12-214.3(2)(b)). Health insurers may choose not to reimburse prescriptions of cannabidiol (Id. at Section 13A-12-214.3(5)).

Product development

What opportunities are available for cannabis businesses to cooperate with healthcare providers, pharmaceutical companies and research institutes in the development of new medical cannabis products? Are there any notable regulatory considerations in this regard?

Carly’s Law and Leni’s law have allowed for cannabidiol research at the University of Alabama at Birmingham. Currently, all Cannabidiol oil used for this research is from a single vendor (Bob Shepard, “UAB launches study of cannabidiol oil for severe seizures,” University of Alabama at Birmingham, March 3, 2015). Further, the sale of the U.S. Food and Drug Administration-approved prescription drug Epidiolex, which contains cannabidiol, is legal under Alabama law and is regulated like other prescription drugs. Epidiolex is legal in Alabama because it is derived from hemp, and hemp and its derivatives fall outside the scope of the definition of “marijuana” under Alabama law (Section 20-2-2(14) of the Code of Alabama 1975). Therefore, it stands to reason that if the U.S. Food and Drug Administration approves other hemp-derived cannabidiol products, such products will be treated similarly under Alabama law.

Taxes

Sales tax

How are sales of cannabis products taxed?

The possession, use, cultivation, and distribution of cannabis with a tetrahydrocannabinol (THC) concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). In addition, the Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, as Alabama has yet to promulgate regulations relating to hemp, no sales taxes apply to cannabis products.     

Business taxes

What tax liabilities arise for cannabis businesses, and what best practices are advised for efficient tax planning?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). Therefore, no specific tax liabilities or tax planning practices apply to cannabis businesses. In addition, Section 280E of the Internal Revenue Code prohibits businesses from deducting ordinary business expenses from income derived from the trafficking of Schedule I or II narcotics. Because cannabis remains a Schedule I narcotic, this section applies to cannabis businesses in states where marijuana is legal under state law. Thus, even if Alabama legalizes marijuana, businesses will not be able to deduct business expenses from their gross income. However, because the Agriculture Improvement Act 2018 legalized “hemp”—defined as cannabis with a THC concentration of 0.3% or less—hemp businesses are no longer subject to Section 280E. 

Cross-border issues

Import and export

What rules and restrictions govern the import and export of cannabis products and accessories to and from your jurisdiction?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). Further, any person who possesses, manufactures, delivers, or brings into Alabama more than one kilogram of cannabis is guilty of trafficking cannabis (Id. at Section 13A-12-231(1)). The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, as Alabama has yet to promulgate regulations relating to hemp, no rules or restrictions currently govern the import or export of hemp. 

Immigration considerations

What immigration rules and restrictions are noteworthy for stakeholders in a cannabis business, including with regard to the movement of employees and the cross-border carriage of cannabis for personal use?

The possession, use, and distribution of cannabis with a THC concentration greater than 0.3% is prohibited under Alabama law (Sections 13a-12-211 to 13a-12-214 of the Code of Alabama 1975). Further, any person who possesses, manufactures, delivers, or brings into Alabama more than one kilogram of cannabis is guilty of trafficking cannabis (Id. at Section 13A-12-231(1)). The Agriculture Improvement Act 2018 legalized “hemp”—defined as any part of the cannabis sativa L. plant with a THC concentration of 0.3% or less—by removing it from the Controlled Substance Act’s definition of “marijuana.” However, as Alabama has yet to promulgate regulations relating hemp, no rules or restrictions currently govern the cross-border carriage of hemp.