House committee considers regulating Delta 8 and other synthetic cannabinoids

April 2, 2025 – MONTGOMERY, AL – The Alabama House Health Committee held a public hearing on controversial legislation that would strictly regulate psychoactive cannabinoid products synthesized from lawfully grown hemp.

House Bill 445 (HB445) is sponsored by state Representative Andy Whitt (R-Harvest).

Whitt said that psychoactive cannabinoids, like Delta 8 or Delta 10, "Has plagued our state" since the federal government created "a loophole" in the Farm Bill. His legislation "Places guardrails" on these products.

Whitt said that unscrupulous store operators are selling Delta 8 and Delta 9 infused drinks, gummies, candies, brownies, and other confections for profits and that this industry is completely unregulated.

"These products are being marketed across our state," said Whitt. "And even on tap in restaurants and bars. They are preying on our youth." "This is the wild wild west."

Whitt said that his legislation would "Prohibit the sale to anyone under age 21." It would also prohibit "on premises sales, limit the amount of THC to five milligrams per serving, forbid the sale of vapes, flowers, or the buds that we often see in convenience stores - it all looked like dope to me."

Whitt said that his bill "Requires all manufacturers to get a contents analysis, ABC must approve all labeling, ban products disguised as Doritos, brownies, and muffins. There must be guardrails."

Whitt explained that these products are responsible for 1423 exposure calls to the Alabama Poison Control since 2022 and that there were 470 calls last year where people ingested this product. Some were so badly affected that they had to be treated in the ICU. Whitt said that according to Alabama Poison Control 40% of these poisoning were under the age of six.

Whitt added that there is a "Correlation between" psychoactive cannabinoids and "sex trafficking and human trafficking." Victims who were rescued in one recent sex trafficking bust, "Said they were given gummies and suckers laced with these THC products."

"It is only growing in size," warned Whitt. "You can go to any convenience store within walking distance of the statehouse and find products in these stores. These are products are undoubtedly being sold to our children. In my day Hulk Hogan told kids to eat their vitamins, today he is telling them to take these products."

Whitt said that one gummy that was tested at a store had "150 milligrams of THC. That is equal to Vodka."

Whitt said that one of these manufacturers markets to kids by having a frog riding a bicycle to sell cannabis infused ice tea lemonade. "This not only has 50 mgs of THC it also has 50 mgs of CBD - Cycling frogs lemonade."

"The most disturbing product I saw was in Shelby County," said Whitt. "The serving suggestion of this gummy is 1/16. Nobody pays attention to the serving size. This was hemp derived Delata 8 at 17,200 milligrams of THC. That should scare you to do death. This is bad stuff and it is being sold to our kids. I have folders full of letters from parents and law enforcement about overdoses. When you go to a store after school, and you buy one of these gummies you have no idea what you are getting. 22 overdoses in 2024 were under the age of two. You cannot eat one of these and drive a car.

Whitt said that he and Rep. (Rex) Reynolds (a former police chief) called some stores that were selling online, and they said that they "can deliver."

"We are coming after the bad actors who are coming after our children," said Whitt. "Convenience stores need to stick to selling gas and sodas."

A public hearing was held where people from the industry tried to defend their business; but most of the speakers opposed Delta 8 and similar synthetic cannabis products; though some thought that Rep. Whitt's bill as written does not go far enough.

Christine Carr is an educator.

"This is a crisis," said Carr. "You cannot finish a day in school without being harassed by marijuana gummies. I think a lot of what Representative Whitt is trying to do; but we have to deal with potency and dosage more succinctly."

"We are not testing for THC at end product," Carr said. "Thank you Representative Whitt for bring this up."

One opponent said, "No deaths have occurred. We trust adults to make informed choices with alcohol and tobacco why not trust them with this?"

He said that he, "Opposed arbitrary limits on dosage."

Becky Gerritson is the executive director of Alabama Eagle Forum

"The intent of this legislation is commendable," said Gerritson. "We do have concerns about the workability of that."

Gerritson warned that legislation authorizing that, "Psychoactive cannabinoids are being sold in Alabama is opening up the bill to recreational marijuana for adults."

"This issue is very important," Gerritson said adding that she felt that the bill should be even "stronger."

Molly Bowles was an opponent.

Bowles said that she opposed, "Reactionary proposals that would eliminate more than ten thousand jobs in Alabama."

"Alcohol is readily available in store shelves across Alabama," said Bowles. If passed this bill would be "Crippling to Alabama businesses. I urge you to oppose HB445 in its current form."

Lieutenant Chuck Bradford with the Trussville Police Department warned that, "It is damaging to our communities."

"We are legally allowing these stores to sell marijuana," said Lt. Bradford. "Kids are buying it and going to the hospital."

Mitch Hungerpiller Sr; is a CPA who heavily invested in the cannabis business.

"We sell to restaurants, country clubs, even to a funeral home," said Hungerpiller. "This is like a glass of champagne."

Hungerpiller said that he supports a strict ban on selling to persons under age 21, limits on the the packaging, and good manufacturing practices; but objected to his product being removed from restaurants, bars, and other venues that provide servings of beverages.

"There are thousands of customers across Alabama who do not want to drink alcohol," said Hungerpiller."

A detective with the Alabama Law Enforcement Agency (ALEA) testified before the committee.

".3% THC or less products are legal," said the ALEA officer. "These products they have popped up all over the state. The THC content is way higher than the .3%."

Greg Davis is the Executive Director of the Alabama Citizens Action Program (ALCAP).

"Skip the guard rails and go to a stop sign," said Davis. "I represent thousands of Churches across Alabama. They see this. They get the calls to go to the hospital. We need to ban these products in the state of Alabama like other states are doing."

Rep. Whitt warned that "Half a gummy is like a bottle of vodka."

"I would be more than happy to share the voicemails I have gotten grom concerned parents," Whitt told the Committee.

Rep. Susan Dubose (R-Greystone) said, "Minors would still be harmed" if this were allowed to be sold at all in the state.

Whitt said, "I am putting a cap of 5 milligrams."

Rep. Dubose said, "Why are we selling this at all?"

"I don't want to sell any of it; but the problem is the federal law," said Whitt, I have talked with my colleagues in the Senate and "That bill (a blanket ban) isn't going anywhere."

Rep. Laura Hall (D-Huntsville) warned, "Many of these stores selling this are walking distances from our schools."

Rep. Arnold Mooney (R-Indian Springs) said that he supports a ban.

"I reached out to Clay Hammock who head the drug task force for the Shelby County Sheriff's Department and he said that 'This is nothing more than profit at the expense of public health and safety.'"

"Adults drive cars. Adults get in accidents, when they get in accidents children are harmed," said Rep. Mooney. "Why would we not just ban the whole thing? Nonalcoholic DUIs are on the rise and we know what that is."

Rep. Whitt said, "ABC has t he ability to take this on."

Rep. Paul Lee (R-Dothan) chairs the House Health Committee.

Chairman Lee said that the Committee will vote on this next week.