MONTGOMERY — On Tuesday, the Alabama Senate passed legislation banning the sale of hemp products at gas stations by a 19-13 margin.

The bill was opposed by those who thought it was too restrictive and social conservatives who said the products should be banned entirely.

House Bill 445 (HB445) by State Rep. Andy Whitt (R-Harvest) would authorize the Alabama ABC Board to regulate all consumable hemp products by licensing manufacturers, wholesale distributors and retailers. 

It would also limit sales to people over 21 and restrict retail establishments that sell consumable hemp products to existing liquor stores or other locations that minors may not access, with penalties provided. It would also add requirements for labeling and testing, limit the amount of THC that can be in consumable hemp products to five milligrams and levy an excise tax.

An amendment by Senate Minority Leader Bobby Singleton (D-Greensboro) passed 17-15 on Tuesday, adding an exception allowing grocery stores to still sell hemp-infused beverage products. The House concurred with the Senate’s changes by a 60-27 margin. The bill now heads to Gov. Kay Ivey’s desk.

“We just taxed it and regulated it and put in some regulations for safety control issues like making sure a certificate of analysis is complete and accurate,” State Sen. Tim Melson (R-Florence) told reporters on Tuesday. “We were having issues with superintendents having a lot of students overdose and being carried off to the hospital. It was just time to get control of it, get it out of convenience stores. As you know, most rules are made from a few bad actors and this is a classic example. We had to get control of it for the few bad actors. I think I had about three or four weeks ago, our (District Attorney) arrested six convenience store operators in one day, and they’ve got several more that they’re on a watch list. It’s a problem and it’s an unnecessary problem.”

The bill goes into effect on Jan. 1, 2026.

Bart Fletcher, president of the Petroleum and Convenience Marketers of Alabama, told 1819 News on Tuesday, “As I understand it, yes, we’ll be completely cut out.” He said most convenience stores are good actors who sell the products responsibly. 

“We’re losing the ability to sell a product that we were selling legally and responsibly, and making a profit on, and now that part of the store’s gross margin goes away. I think what convenience retailers are going to have to take a look at is, and it’s going to have to be a store-by-store assessment, is there a way to modify an existing retail convenience store such that you can provide for a separate entrance and allow the adult consumers to come into a segregated part of your store where you retail these products that have now been restricted to age-restricted retail locations,” Fletcher said.

Ellie Taylor, president and CEO of the Alabama Grocers Association, told 1819 News, “The Alabama Grocers Association thanks the legislature for their work on the hemp and vape bills today.”

“Grocers have shown that we can responsibly sell these products and that we can sell these products to individuals over the age of 21 who are responsible adults and take responsibility for their own actions. We appreciate what the legislature has done today,” Taylor said.

The Alabama Policy Institute said on X that the bill “legalized recreational marijuana.”

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