A bill to regulate, tax, and restrict the sale of consumable products containing psychoactive chemicals derived from hemp won final approval Thursday in the Alabama Legislature.
Legislators who sponsored the bill say the gummies, drinks, vapes, and other products sold in stores and online are unsafe and unregulated.
The chemicals they contain, called cannabinoids, are derived from hemp, a legal form of the marijuana plant. The chemicals include THC – sometimes called Delta 8, Delta 9, or Delta 10 – and CBD.
“This is about protecting the health and safety of Alabama residents from consumable products marketed not only toward adults but toward children,” said Sen. Tim Melson, R-Florence, who handled the bill in the Senate.
The Legislature passed a bill two years ago, sponsored by Melson, that prohibited the sales of the products to people under 21.
But Melson said that has not stopped minors from having access to the products and the dangerous consequences. He said a stronger law and more extensive regulation is needed.
Under the bill, HB445 by Rep. Andy Whitt, R-Harvest, the Alcoholic Beverage Control Board will license retailers of the products.
The bill levies a 10% tax on the retail sales, with most of that revenue going to the state.
The products can only be sold in stores that limit access to people 21 and older, except that beverages with cannabinoids can be sold in grocery stores under certain restrictions.
Manufacturers must submit samples of their products for testing by a certified lab. The products must have approved labels showing their contents.
The bill places restrictions on the serving size and packaging of the products and says they must be in child-resistant containers and cannot have labels that appeal to minors.
The bill prohibits inhalable products containing cannabinoids such as vapes, or cigarettes, cigars, or smokeable flowers with raw hemp.
At public hearings on the bill, supporters of the industry said they did not oppose regulation, including a ban on sales to minors, but said their products are safer than alcohol and should remain available to responsible adult users.
The association representing Alabama convenience stores objected to the bill’s prohibition on convenience stores carrying the products, arguing that the vast majority of stores have sold them responsibly, as well as other restricted merchandise like beer and tobacco.
The Senate amended the bill on Thursday to allow sales of beverages with hemp-derived cannabinoids in grocery stores, with restrictions, but not convenience stores.
The Senate passed the amended bill on a vote of 19-13. The House, which had passed the bill a few weeks ago, concurred on the bill and passed it 60-27.
The bill goes to Gov. Kay Ivey, who can sign it into law.
The bill takes effect July 1, 2025, but regulations that the bill sets up are effective January 1, 2026.
This story was edited on May 7 to correct several mistakes, including the tax rate, which were in an earlier version of the bill but not in the one that passed.
The bill goes to Gov. Kay Ivey, who can sign it into law. Read More
