House passes legislation to regulate psychoactive cannabinoids

April 12, 2025 – MONTGOMERY, AL - The Alabama House of Representatives passed a bill that would regulate Delta 8, Delta 9, Delta 10, Delta 12 and other psychoactive cannabinoids derived from hemp.

"This legislation is an effort to put guardrails on a current unregulated, unchecked, and dangerous industry," said Rep. Whitt. "And that is psychoactive cannabinoids known as Delta 8, Delta 9, and THC infused drinks."

"We are putting these products under the purview of ABC (the Alcoholic Beverage Control Board). They will be licensed by ABC" said Rep. Whitt. "They will be sold in 21 and above stores only. It will be capped at 5 milligrams for the THC drinks and gummies. This takes it out of our convenience stores. This takes it out of our grocery stores. There will be no vape products allowed in this bill. There are no inhalables. We have all seen the buds sold in the glass jar. These will be outlawed in this bill as well."

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."

HB445 passed the Alabama House on Thursday 76 to 15. No one in the Legislature spoke in oppostion.

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