Bill would ban many over the counter cannabinoids

February 17, 2025 – MONTGOMERY, AL – The Alabama legislature has introduced new legislation that which, if passed and signed into law, would ban a number of psychoactive products commonly sold in convenience stores and CBD stores across the state.

Senate Bill 132 is sponsored by Senator Tim Melson (R-Florence).

According to the synopsis: "Existing law lists tetrahydrocannabinol (THC) as a Schedule I controlled substance, but explicitly exempts THC found in hemp."

"Delta-8 THC, Delta-9 THC, and Delta-10 THC are psychoactive cannabinoids that can be made from hemp-derived cannabidiol (CBD). Under existing law, these psychoactive cannabinoids sold in Alabama may not be sold to minors and must be located in an area where minors cannot access the products."

"This bill would provide that only non-psychoactive cannabinoids derived from or found in hemp are exempt from the Schedule I controlled substances list, thus classifying psychoactive cannabinoids as controlled substances."

"This bill would also repeal the provision that prohibits the sale of psychoactive cannabinoids to minors."

Hemp is a much less psychoactive (lower THC) cultivar of the cannabis plant. All the same cannabinoids found in marijuana are also found in hemp. They are just there in lower quantities. Hemp has a number of very useful applications. It is used to make hardwood flooring, rope, paper, clothing, bedding for pets and horses, car panels, and much more. Most of the hemp legally grown in the state of Alabama are grown for the hemp flowers which are used to extract the cannabis oil – cannabidiol commonly marketed as CBD.

CBD is sold in a variety of products: gummies, tinctures, lotions, cigarettes, etc. Manufacturers of CBD have figured out that they can distill the CBD and collect more pure forms of cannabinoids: Delta 8, Delta 9, Delta 10, Delta 12 etc. Those products are being marketed in gummies, smokable products, edibles, pills, lotions, tinctures, etc. Delta 8 typically has about 25% of the psychoactive properties of marijuana.

Allowing Delta 8 to be legally sold over the counter effectively has almost been a backdoor legalization of marijuana as all a person wishing to get the thrill of marijuana has to do is consume four times the amount of Delta 8 product as the desired dosage of marijuana.

A number of these products on the shelves have tested "hot" on the shelves due to processing. Law enforcement considers Delta 8 to be a loophole in the Alabama law banning marijuana. Many times it is very confusing for law enforcement to figure out the difference between illicit marijuana and this marijuana like hemp derived product when it is encountered on the street or in a traffic stop. SB132 would effectively close that loophole.

A number of persons claim they get a medical benefit from Delta 8. Sponsors of this legislation point out that the state has legalized medical cannabis and at some point in the future that product will be available to those with a demonstrable medical need with a doctor's recommendation.

SB132 has been assigned to the Senate Committee on Healthcare.

To connect with the author of this story, or to comment, email brandonmreporter@gmail.com