Delta 8 advocates rally as legislature considers landmark legislation to regulate or ban over the counter sales of psychoactive cannabinoids

April 24, 2025 - The Alabama Senate is poised to pass landmark legislation that would either strictly regulate or effectively ban psychoactive cannabinoids derived from hemp.

In 2021 the Alabama Legislature passed the most restrictive medical marijuana bill in the country. Sponsors said then that cannabis in Alabama would be reserved for those with a demonstrable medical need only and that there was no plan now, or in the future, to legalize recreational marijuana. Four years later not one single person with a demonstrable medical need - even those with terminal conditions - has been able to legally purchase any medical marijuana; but cannabis is sold in foods, beverages, candies, gummies, lotions, and more in convenience stores, gas stations, grocery stores, bars, restaurants, and country clubs all over Alabama. What happened? The state's tightly controlled medical cannabis effort has gotten mired in the Alabama courts; while the state has been flooded with psychoactive cannabinoids derived from hemp using a loophole that Congress passed in the Farm Bill. Now we have an odd circumstance where a cancer patient who grows two marijuana plants for her personal use is committing a felony; while Birmingham radio stations play ads for Delta 9 - the psychoactive component of marijuana - infused beverages that you can buy at your neighborhood bar or Piggly Wiggly grocery store.

The Legislature has five pieces of legislation designed to address this issue. Senators Tim Melson, Rodger Smitherman, Shay Shelnutt, and Dan Roberts, as well as Representative Andy Whitt have all introduced a variety of bills that would either impose some degree of regulation to the psychoactive cannabis derived from hemp industry or ban it altogether.

Grassroots advocates for the industry are upset that they may be on the verge of losing their legal psychoactive cannabis supply.

To that purpose, the Alabama Cannabis Coalition announced that they will be hosting a rally on Tuesday, April 29, 2025 at 11 S. Union Street, Montgomery, Alabama, protesting any potential legislation to destroy the Hemp Industry in Alabama. They claim that hemp is federally "legal" in all 50 states. They argue that the people who would have qualified for medical cannabis in Alabama have become dependent on these hemp products in the absence of a functional legal medical cannabis industry in that state and that any legislation that hinders the citizens legal access is "a crime against humanity."

"The members of the Alabama Cannabis Coalition and the citizens of Alabama have been calling and emailing every legislator in Alabama since the Legislative Session began and the first legislation dropped," said Founder/President Mary Schelper. "We have tried every effort to garner the attention of the Alabama State House to no avail. The only other avenue afforded to us was to exercise our first amendment right to peacefully assemble on public property. We will be peacefully assembling on the sidewalks in front of the Alabama State House and the Alabama State Capitol." ""The First Amendment right to peaceably assemble protects our right to gather together and/or protest on public property. The right to petition the government for a redress of grievances means the public is entitled to have their issues heard by the government. The right to air grievances without fear of subsequent punishment or censorship is fundamental to the concept of democracy. The Court has established that these rights are just as fundamental as free speech. Particularly in modern times, the Court uses freedom of expression to mean protected speech that includes other First Amendment rights like assembly and petition."

Conservatives are concerned that efforts to regulate the unregulated psychoactive cannabinoid business in Alabama would actually formally legalize the product in Alabama.

The American Family Association released a statement also opposing HB445 - Whitt's bill which passed the House - "Right now, Alabama is pretty much the "best" state when it comes to medical marijuana. It's restricted and held to reasonable limits (not that I support any form of marijuana legalization). The out-of-state BIG DRUG industry does not like that. Their goal has always been full-on legalization of marijuana ... and potentially every other drug. Please contact your Alabama state senator and urge them to VOTE NO on HB445. Ask them to reject this dangerous bill. HB445 repeals Alabama's current law restricting the sale of psychoactive cannabinoids to adults. Not only does the bill open the door wide to recreational marijuana, it gives state bureaucrats the power to create a whole new BIG marijuana industry. This bill gives the green light for THC-laced products to be sold in stores all across the state. This is about money - and turning Alabama into a haven for intoxicating hemp/marijuana. HB445 allows for THC drinks, lotions, and other products, and even imposes an excise tax to fill state coffers with this dirty drug money. Families and churches across Alabama should be deeply concerned. Once we legalize the sale of psychoactive substances to the general public, there's no telling where it will end. We've seen this in other states. The drug culture creeps in. Mental health issues increase. Families suffer. Please contact your Alabama state senator and urge them to VOTE NO on HB445. Ask them to reject this dangerous bill."

Alabama Eagle Forum and the Alabama Citizens Action Program have both come out against legislation to tax and regulate psychoactive hemp products. They favor ban legislation instead.

Senator Roberts' bill would ban the sale of psychoactive cannabinoids - outside of the state's medical marijuana network.

Whether the Legislature bans psychoactive cannabinoids or regulates and taxes them is one of the biggest issues facing the Legislature in this session.

Thursday will be Day 25 of the Alabama Legislative Session.