Marijuana Legalization and Expansion


The Alabama legislative body legalized medical marijuana during the 2021 legislative session. Under current law, up to 5 integrated facilities that have the ability to grow cannabis, process it into medical cannabis, package it, and label it. Additionally, they are able to dispense to registered qualified patients and registered caregivers. These integrated facilities also have the ability to transport cannabis and sell it to dispensaries. Since the law’s passage, the implementation of Alabama’s medical cannabis program has faced significant delays due to regulatory challenges, litigation, and licensing disputes. As of 2026, the program has not yet reached full operational status. The current medical marijuana legal structure provides a way for the state to bring in millions of dollars and yet completely ignores free market and limited government principles. The taxation of medicinal marijuana also marks the first time that Alabama has imposed a sales tax on pharmaceuticals. Ongoing regulatory uncertainty and delays further complicate the program’s ability to generate projected revenues or operate efficiently.

The Alabama legislature should repeal the state’s existing medical marijuana law, and refuse any additional expansion of Medical Marijuana in the state. Marijuana is not approved by the FDA and is illegal under federal law. If medicinal marijuana receives FDA approval in the future, it should be treated the same as any other prescription drug.

During the 2025 legislative session, Alabama enacted House Bill 445, establishing new regulations on hemp-derived THC products. The law bans smokable hemp products, including vape products, imposes limits on THC content in consumable products, requires licensing, testing, and labeling, and estricts where and how these products can be sold.

Lawmakers have enacted new restrictions on certain THC products while continuing to consider additional legislation to further limit or ban psychoactive cannabis variants. It is difficult to prohibit variants due to the ability to change a fraction of the product’s chemical makeup and create a whole new variant that isn’t illegal. Proposed policies have included classifying psychoactive Delta variants as controlled substances and granting regulatory agencies authority to restrict future variants, though comprehensive reform has not yet been fully implemented.

In addition, the Alabama legislature should oppose any measures to expand medical marijuana and should prevent any form of legal recreational use. No major expansion of medical marijuana or legalization of recreational marijuana was enacted during the 2026 legislative session.