April 8, 2025 – The Alabama House Health Committee gave a favorable report on a bill that would regulate Delta 8, Delta 9, Delta 10, Delta 12 and other psychoactive cannabinoids derived from hemp.
House Bill 445 (HB 445) is sponsored by State Representative Andy Whitt (R-Harvest). Whitt's legislation would penalize stores that sell psychoactive hemp products to people under 21, strictly regulate the advertising, ban the sale of cannabinoid infused drinks in restaurants and bars and give the Alabama Alcoholic Beverage Control (ABC) Board authority to license and regulate the manufacture and sell of these cannabinoids in the state of Alabama.
"These products are being marketed across our state," said Whitt during last week's public hearing. "And even on tap in restaurants and bars. They are preying on our youth." "This is the wild wild west."
Whitt's legislation would also limit the amount of THC to five milligrams per serving, forbid the sale of vapes, flowers, or the buds that are often seen in convenience stores.
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. Nobody has died from Delta 8 yet, but Whitt said that some cases were so severe 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.
"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 spokesman for hemp infused beverage company acknowledged that some regulation is necessary but wanted the product to be treated like alcohol.
Becky Gerritson with Alabama Eagle Forum and Greg Davis with the Alabama Citizens Action Program (ALCAP) both argued that psychoactive cannabinoids are backdoor legalization of recreational marijuana and that the products should be banned in the state – not regulated.
On Tuesday Whitt read from a press release from a company called Herbal Oasis that sells psychoactive cannabinoids, that is expanding into Alabama, "Their product will be in convenience stores, grocery stores and other locations throughout Alabama and Florida Panhandle."
The bill passed out of the committee by voice vote. It now is in position to be passed by the full House of Representatives. Similar legislation, sponsored by Senator Rodger Smitherman (R-Birmingham) advanced out of committee in the Senate last week.
At the same time the Senate is considering a bill sponsored by Senator Bobby Singleton (D-Greensboro) that would allow convenience stores and grocers to sell ready-to-drink mixed spirit cocktails (RTDs). Some legislators have expressed the view that passing the long desired expansion of hard alcohol sales in convenience stores and grocers is linked to passing legislation that would ban grocers and convenience stores from selling cannabinoids particularly cannabis beverages which is really starting to take off across the state.
Grocers and convenience store lobbyists spoke against Smitherman's legislation in the Senate public hearing in the Senate Tourism Committee. The same lobbyists spoke in favor of the RTD bill.
To connect with the author of this story, or to comment, email brandonmreporter@gmail.com
Reader Comments(0)