In response to the significant consumable hemp regulations Alabama recently passed, the City of Opelika has paused the issuing of new business licenses for stores to sell consumable hemp as the state adjusts to the new regulations.
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The Opelika City Council unanimously approved a resolution on Tuesday that places a temporary moratorium on the acceptance of applications for, review of or issuance of business licenses related to the sale of consumable hemp products.
This moratorium comes after the state of Alabama passed Act #2025-385 which provides rules to tax, regulate and restrict the sales of gummies, drinks and other consumable products containing the marijuana chemical THC that is derived from hemp. Smokable hemp products are illegal under the new law.
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“It just means that the city, for the next seven months, will not be issuing new business licenses to businesses that want to sell consumable hemp products, and we’ll revisit this sometime before Jan. 1,” Opelika City Attorney Guy Gunter said.
According to the Associated Press, the 2018 federal Farm Bill created a legal loophole that said hemp products and the cannabinoids that could be made from them were classified as distinct from marijuana. That has allowed manufacturers to synthesize THC from hemp plants and sell it in products where marijuana isn’t legal, according to the Associated Press.
The act signed by Gov. Kay Ivey on May 17 requires all consumable hemp products available for sale in the state to be tested and labeled in accordance with strict standards, according to the resolution in the council’s agenda packet. The law prohibits the sale of those products to individuals under the age of 21, according to the resolution in the council’s agenda packet.
The act also authorizes the Alcoholic Beverage Control Board to license retailers of these products and to establish restrictions on the retail establishments, according to the resolution. Additionally, the ABC Board cannot issue licenses to businesses unless the businesses have an application for license approved by the municipality that the licensee’s facility is located in. Effectively, the ABC Board cannot issue licenses to stores or facilities in Opelika unless the businesses have approval from the City of Opelika.
However, while the act is set to take effect on July 1, the licensing provisions in the act do not take effect until Jan. 1, 2026, the resolution said. In addition to that, the ABC Board has not created a comprehensive regulatory framework for consumable hemp products consistent with the provisions of the new law, according to the resolution.
“The City Council finds and determines that a temporary moratorium is necessary to allow time for the implementation of comprehensive regulations governing the sale of consumable hemp products in the state,” the resolution said.
Other city council business
Tuesday’s Opelika City Council meeting was missing three key figures. Mayor Gary Fuller and Ward 1 Councilman George Allen were in attendance for the Paris Air Show in Paris, France. Meanwhile Ward 3 Councilman Tim Aja said in a letter read by City Clerk Russell Jones that he will be gone at least one week due to recent events in the Iran-Israel conflict. Aja serves in the Navy Reserves as the Commanding Officer of Navy Region Southeast-Regional Operations Center.
“Emergent events in the Middle East have led to my immediate activation to provide support. I will unfortunately miss this week’s city council meeting and at this point don’t have a timeline to provide, but believe I’ll be gone for at least a week. I will still have access to email and my cell if anything is needed, though I may be delayed in replying,” Aja’s letter said. “Thanks in advance for the understanding and support!”
Ward 2 Councilwoman and President Pro Tempore Erica Baker Norris recognized Tani Jones and Wisteria Williams as the Character Council Citizens of Excellent Character for June. Norris said they are the children of Henry Jones, who Norris said was the first Black person in Lee County to seek public office when he ran for a seat on the Lee County Commission in 1969. The character trait of the month is courage.
One item from the agenda did not receive a council vote – the purchase of Christmas decorations from Downtown Decorations Inc. The purchase, which was not to exceed $120,388, was motioned for approval by Ward 5 Councilman Todd Rauch, but was not seconded by Norris so the resolution failed.
Norris said the Christmas tree purchased last year, which was the tallest in Alabama, cost $300,000, and she said she heard from Ward 2 constituents concerned about the price of the tree. She referred to herself as the “voice of the people” and said she listened to her constituents and thinks the money would be better spent elsewhere.
“We have so many other tremendous needs. I’d love to see us take some of that money and fix some of the issues with water in our city. We have some really bad flooding issues. Let’s pour some money into that. Let’s also pour some money into our young people. Unfortunately, we’ve had some violence lately, and so we need to find a place for our young people to go,” Norris said. “So I think the $120,000 would serve better somewhere else.”
The council unanimously approved the following items at Tuesday’s meeting:
The purchase of one 2024 15 Cubic Yard CollecStar Ministar Automated Side Loade for the Opelika Environmental Services Department. The purchase will cost $231,699.A master services agreement with MCCi, LLC for digital records management and scanning. According to the resolution, the company will provide the scanning of paper-based documents and digital records management for all departments of the City of Opelika. The total cost of the project is $497,648.Supporting and participating in the Lee County Solid Waste Management Plan. The Lee County Commission is expected to adopt the solid waste management plan, which includes all of unincorporated Lee County and four municipalities within the county. A special-use permit for Verizon Wireless, which has plans of improving the equipment at an existing wireless telecommunication facility at 3460 U.S. Highway 280 E. to provide improved wireless services.A special appropriation of $2,500 to the Greater Peace Baptist Church Community Development Corporation for a six-week summer camp for students from low-income families that the organization runs. The GPBCCDC is a non-profit corporation that “helps families across Opelika and East Alabama by providing affordable housing, childcare, educational programs, growth opportunities, scholarships and other valuable resources designed to empower youth, families and the community,” according to the resolution. Amend the zoning ordinance and map of 33,810 square feet located at 401 Simmons St. and 409 Simmons St. from an industrial district to an office/retail district. According to the Opelika Planning Commission report in the council’s agenda packet, the applicant plans to combine the two lots and then build four or five office and warehouse tenant spaces.A temporary street closure of Avenue C from South Fifth Street to South Fourth Street and closing South Fourth Street from Avenue C to Avenue B for a Ferguson Chapel CME Church event on July 14-16. It was tabled at the last meeting.A temporary street closure of Chester Avenue from Samford Court to Alice Place on Aug. 5 for the National Night Out Event organized by Oscar Penn and the Concerned Citizens of Opelika.Submitting the annual Municipal Water Pollution Prevention reports for the Eastside and Westside Wastewater Treatment Plants. Gunter said received “very good scores” in the reports.
“}]] “It just means that the city, for the next seven months, will not be issuing new business licenses to businesses that want to sell consumable hemp products,” Guy Gunter said. Read More
