The Alabama ABC Board released a list of proposed rules this week relating to the implementation of a new hemp law state lawmakers passed during the 2025 session.
The rules will be subject to a public comment period before the final set of rules is approved by the ABC Board at a later date.
Payne Baker, general counsel for the Alabama Wellness Collective, a hemp advocacy organization, told 1819 News his organization opposes the proposed rules.
“The Alabama Wellness Collective strongly opposes the proposed Alabama ABC Board rules and regulations, which go far beyond the already overreaching provisions of HB445. These rules will cause lasting harm to Alabama’s small businesses, the state’s hemp industry, and the many residents who rely on these products for relief,” Baker said. “The proposed rules also impose burdensome manufacturing and packaging requirements—such as the elimination of the traditional "pop-top" can and mandatory two-step packaging for all drink products—these burdens are not even required of alcohol companies whose products are in Alabama today. These changes will dramatically increase production costs, making it harder for Alabama-based hemp manufacturers to remain competitive and threatening to push jobs and innovation out of our state. Retailers like grocery stores will be forced to keep these products behind lock and key and out of sight from the shopping public. This is clearly outside of the scope of what would be allowed under HB445. In a misguided attempt at public safety the ABC requires a Certificate of Analysis that cannot be produced by any testing lab. Rather than supporting a thriving, well-regulated hemp economy, these rules will cripple it—further shrinking consumer choice, raising prices, and dismantling local businesses that have operated responsibly and in compliance with the law. We urge the ABC Board to reconsider these rules, work collaboratively with industry stakeholders, and craft regulations that protect consumers without destroying livelihoods or denying access to safe, effective wellness products.”
Jennifer Boozer, owner of the recently-defunct CannaBama in Mobile, told 1819 News the proposed rules expand the definition of “smokable” products that are banned under the law.
“First page, the smokable definition, now they’re trying to change it to anything heated, including a vapor, using a battery or device. There is not a single syllable in (HB) 445 about vapes. We’re going to want to contest that. That one couple of sentences is re-writing (HB) 445 because there was no mention of vapes, vapor devices, batteries, nothing like that. It very specifically only mentioned plant material. That one part right there is rewriting that, and of course, we’re going to contest that,” Boozer said. “My business closed, and lots of other businesses had to close or they had to close some of their multiple locations. There are people who are trying to hang on, and again, you’re going to remove another entire category of products and make it even harder. Of course, that’s not okay with any of us.”
State Rep. Andy Whitt (R-Harvest), the sponsor of House Bill 445, defended his legislation and the rules proposed by the ABC Board.
“I believe ABC’s rules relating to HB445 are reasonable, align with the law as written, and strike the right balance between necessary regulation and allowing lawful hemp products to remain,” Whitt told 1819 News. “HB445 is about protecting our communities and holding bad actors accountable. With over 41% of DUIs tied to THC and related products, it’s clear these aren’t harmless. Businesses can adjust, but the days of selling dangerous, child-targeted drugs next to Sour Patch Kids are over and so are the storefronts for marijuana shops. If it needs a childproof cap, maybe it doesn’t belong in a candy aisle.”
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