Bill Bans Smokable Hemp, Delta-8; Limits Sales to Adult-Only Stores
Alabama is set to implement sweeping restrictions on hemp and CBD products after the State Senate passed House Bill 445 on Tuesday, sending it to Governor Kay Ivey for signature. The legislation, significantly amended by the Senate, introduces outright bans, THC limits, and strict sales channel limitations.
Key provisions of the bill include a complete ban on the sale of smokable hemp and CBD products, such as flower buds and vapes. It also prohibits potentially psychoactive products derived from hemp, like those containing Delta-8 THC. Furthermore, the law bans online sales, direct delivery, drive-through sales, and mail shipments of these products within the state.
For consumable products like gummies and beverages, the bill imposes THC limits: no more than 10mg per single serving and 40mg total per package for edibles, and a maximum size of 12 fluid ounces for beverages (sold in packs of four or less). All hemp and CBD products will be restricted to sale only to adults aged 21 and over.
Crucially, sales locations will be limited exclusively to state liquor stores or stand-alone CBD/hemp stores where minors are prohibited entry. This effectively removes these products from convenience stores and grocery stores. A new 10-cent excise tax per product will also be levied. The Alcoholic Beverage Control (ABC) board is tasked with enforcement, licensing, and overseeing requirements for childproof packaging and restricted marketing.
Industry representatives have strongly criticized the bill, with some calling it an industry-killer or a backhanded prohibition likely to shutter many existing businesses.
