The people's voice of reason

Senate committee passes out bill to regulate Delta 8 and other synthetic cannabinoids

April 2, 2025 – MONTGOMERY, AL – The Alabama Senate Tourism Committee gave a favorable report to legislation that would strictly regulate the sale of psychoactive cannabinoids in the state of Alabama.

Senate Bill 256 is sponsored by Senator Rodger Smitherman (R-Birmingham).

"This bill would prohibit any business that serves or sells alcoholic beverages from obtaining a novel cannabis license," explained Smitherman.

Smitherman explained that it would also establish a 6% tax on the sell of all novel cannabis products sold in the state collected by the Alabama Department of Revenue.

According to the synopsis, "Under existing law, products that contain cannabinoids found in or derived from hemp may not be sold to minors but are otherwise not regulated. This bill would regulate the sale of products containing cannabinoids found in or derived from hemp, defined as novel cannabinoid products. This bill would require the Department of Revenue to license and regulate retailers of novel cannabinoid products. This bill would prohibit any business that sells or serves alcoholic beverages from obtaining a license. This bill would require the Department of Agriculture and Industries to approve testing and labeling requirements that each retailer must undergo before selling any given novel cannabinoid product. This bill would levy a tax of six percent on the sales price of all novel cannabinoid products. This bill would also create the Novel Cannabinoid Safety Fund and require all license fees, civil penalties, and tax proceeds be deposited into this fund and used to administer this act and otherwise protect the public from unregulated cannabinoid products."

The legislation as introduced faced furious opposition from business interests in Wednesday's public hearing.

Luke Garner with Easy Hemp Co – a hemp beverage company – spoke in opposition.

"We fully support responsible regulations," said Garner. "Any businesses caught selling to minors should lose their licenses. We agree with reasonable THC regulations."

Garner did not agree with the proposed ban on selling cannabinoid infused beverages where alcoholic drinks are sold.

"Our product is served in movie theatres, restaurants, hotels, and country clubs," Garner said. "Our best selling customers are women age 35 to 45. our products have no added sugars or artificial sweeteners."

"The impact of this would slash our distribution and sales by 95%," claimed Garner. "We request an amendment allowing us to continue selling in grocery stores, restaurants, and country clubs."

Senator Jay Hovey (R-Auburn) asked, "Your Easy Hemp Co is primarily beverages? You are asking to be differently than consumables?"

Garner replied, "We are asking to be treated like beer and wine."

Garner claimed that cannabis infused beverages are safer than edible cannabis products because they are faster acting.

"There is a distinguishment between this products and edibles in how they are metabolized in the body," Garner said.

Andrew Virciglio is a fourth generation grocer whose family owns some Piggly Wiggly stores in the Birmingham area.

"We began selling liquid cannabis drinks due to customer demand about a year ago," said Virciglio. "Where we are right now is that we sell only to customers who are age 21 and over. We agree that there needs to be regulation; but the bill as it is written would prevent us and other grocers from being able to sell," cannabis products.

Win Prescott is a lobbyist with the Petroleum & Convenience Marketers of Alabama

"I am here on behalf of the Petroleum & Convenience Marketers of Alabama," said Prescott. "I understand how tough your jobs can be sometimes." "We like a large part of it (the bill), but it doesn't enable us to sell the product."

Prescott said that his association favors age restrictions.

"We already operate under the ABC license," said Prescott. "We already have a great relationship with them."

Prescott said that the gas stations and convenience stores are selling cannabis products, because of consumer demand.

"We live in a place where we have to meet our consumers demand," Prescott said. "This would hurt our customer base and make it harder for them to get their products."

John Parker manages a cannabis store in Birmingham.

"Yes we need regulation," Parker said. "I support the bill though there needs to be some changes with it. We need to keep this safe and healthy and out of kids' hands. Legal marijuana legislation decreases teen drug use overall."

There is a drive by some legislators to ban hemp derived cannabis products.

"Prohibition didn't work with alcohol and it won't work with cannabis," Parker said.

Parker said that if cannabis is outlawed that consumers will just go to the illegal drug market.

"I have seven friends who bought marijuana (illegally) and were introduced to heroin," by their drug dealers said Parker. Parker said that the memory of his dead friends drives what he does today.

Senator Randy Price (R-Opelika) Chairs the Senate Tourism Committee.

Price thanked Smitherman for bringing the legislation."

"It is very much a concern of legislators today," said Price. "I commend you for bringing this bill. I would like to see this bill voted out so we can continue to work on this issue."

The committee voted to give SB256 a favorable report

Sen. Smitherman said, "I look forward to working with anyone on this."

Smitherman said that his goal is, "To protect our young people."

"The Senator is willing to work with people," said Chairman Price. "He is willing to sit down with you and keep this alive."

The Senate Health Committee rejected a similar bill by Senator Tim Melson (R-Florence) on a 4 to 4 to 1 vote back on March 19.

Rep. Andy Whitt (R-Harvest) has introduced his own cannabis regulation bill in the Alabama House of Representatives.

The Farm Bill legalized hemp, but rather than using it to make rope, T-shirts, car panels, paper, flooring, etc. much of the hemp harvested in Alabama and around the country is harvested for its oil bearing flowers. That oil is turned into CBD and Delta 8, Delta 9, Delta 10 and other cannabinoids are the distilled from the CBD. This "loophole" in the law suddenly made psychoactive cannabinoids - but not marijuana - legal in Alabama.

https://www.alabamagazette.com/story/2025/03/21/news/house-committee-considers-regulating-delta-8-and-other-synthetic-cannabinoids/6027.html

https://www.alabamagazette.com/story/2025/03/21/news/house-committee-considers-regulating-delta-8-and-other-synthetic-cannabinoids/6027.html

 
 

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