State senators will consider advancing legislation in the final days of the legislative session to regulate and restrict hemp products sold in retail stores in Alabama.
House Bill 445 (HB445) would authorize the Alabama ABC Board to regulate all consumable hemp products through the licensure of manufacturers, wholesale distributors, and retailers. Whitt also stated the bill would ban all hemp-derived inhalable products, including vapes, flowers and buds.
It would also limit sales to those 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.
The bill passed the House and a Senate committee in April but hasn’t been brought up for a vote in the Senate yet. An amended version of the bill was circulating the State House last week but hasn’t been officially filed. If the bill is amended, it will have to pass the Senate and the House in the final three remaining days of the session.
“It’s out of control and we’ve got to get something to regulate this. Our kids are going into these stores and buying the stuff. It’s obvious the people that are pushing it are not regulating it on their own like they’re supposed to, 21 and above,” State Sen. Lance Bell (R-Pell City) told 1819 News on Friday in an interview.
The amended version of the bill is still a work in progress, according to Bell.
“It’s a rough draft and I expect us to come in Tuesday and meet and talk about it and then make some tweaks to it based on those suggestions and those discussions that we’ll probably have in caucus,” Bell said. “I do expect to see some tweaks on some of that language whether it’s in some grocery stores or whether it’s in 21 and above shops. I think that’s something that we’ve still got to figure out amongst ourselves. We’ll do that. That’s the major change we’ll end up deciding whether we’re going to make or not, but when our kids are going into these stores and buying this product, when you can buy a gummy, one gummy that’s equal to 10 joints, there’s no excuse for that.”
He continued, “When you go to get gas or go into a convenience store, you’re surrounded by it. If you look at the packaging, the packaging is targeted towards our kids on this stuff. I did a trial just to check in my town. They sold it to my 16 year old. No ID. I went to see if what I was hearing was accurate so I got our police department involved. When I got them involved, I let my 16 year old go in and make a buy and they sold it to him (and) didn’t even ask for an ID. And we wonder what’s going on. We’ve got to do something.”
The substitute amendment the Senate is considering would allow hemp beverage products to be sold in 21 and over stores and grocery stores but not gas stations.
hemp sub by Caleb Taylor on Scribd
Bart Fletcher, president of the Petroleum and Convenience Marketers of Alabama, told 1819 News on Thursday that the products could be “responsibly retailed" in convenience stores.
“There’s a lot of emotion around this subject, a lot of passion. We want to be the first to admit that this discussion has shown the spotlight on a small percentage of retailers in our industry that are not selling these products currently in a manner that we would endorse. Having said that, I think it’s a small percentage of the overall number of retail convenience stores in the state,” Fletcher said. “Our confusion and what we don’t understand is how you say these are going to be legal products, these are the guardrails we’re going to put up in terms of container size, percentage, and all that other kind of stuff, we’re going to let them be sold in 21 plus available stores only except for the drinks which we’ll also allow to be sold in grocery stores.”
He continued, “For us, it’s more about the unfairness of singling out an entire classification of retailer and saying these products are not going to be allowed in your stores even though we’re going to allow them in very similar stores that might be right across the street simply because the perception is that the convenience store industry as a whole is somehow unable to make legal sales to adult consumers and that just doesn’t make logical sense to us.”
“We don’t oppose an age limit of 21 or over for purchases. We don’t oppose container sizes. We don’t oppose any of the packaging requirements. We don’t oppose any of that other stuff. Set the guardrails. We want to work within that. Just let us prove that we can be as responsible at retailing these products as any other retailer out there,” Fletcher added.
A coalition of conservative groups called the issue a “public safety crisis.”
"We, the undersigned organizations, are writing to address the growing public safety crisis caused by synthesized hemp products containing dangerously high levels of THC. Even though Alabama has not legalized recreational marijuana, a loophole in the 2018 Farm Bill has allowed certain manufacturers to manipulate legal hemp—containing less than 0.3% THC dry weight at harvest—and synthesize it into highly potent psychoactive products. These items, misleadingly marketed as 'hemp,' are being sold in gas stations, convenience stores, and vape shops throughout the state. Though regulations prohibit sales to minors, these dangerous substances are increasingly making their way into the hands of Alabama’s youth. On April 25, 2025, the Alabama Civil Court of Appeals issued a ruling on the AL Department of Public Health and Scott Harris, in his official capacity as State Health Officer v. TSTL Holdings LLC. The ruling confirmed that the Hemp Act’s intent was to create a hemp research program aimed at developing a market for industrial hemp and hemp products and not to authorize an open, unregulated market for food products containing industrial hemp, its derivatives, or cannabinoid. It also confirmed that neither the ADPH nor the FDA recognize cannabinoids as safe food additives. We represent Eagle Forum of AL, ALCAP, Alabama Policy Institute, and Southeast Law Institute, and we are deeply concerned about the impact of these products on our communities. The frequent news stories that highlight deaths, suicides, and accidental poisonings actually under-represent the harm experienced by Alabama citizens. Alabama Forensics also confirms that in 2022-2023 THC was the number one intoxicant for DUI’s and motor vehicle deaths. That is a serious problem considering Alabama has not legalized recreational marijuana nor has the Alabama Medical Cannabis program even started. Families who have been personally impacted by these products have shared their stories with us, highlighting the urgent need for stronger enforcement and legislative action to address the safety issues caused by these synthetic THC products being sold under the guise of legal hemp. These products are clearly being used as recreational marijuana,” the coalition said in a statement. “The dangers of psychoactive cannabis products are real, and lives are being damaged and lost due to their use. There is no public safety or health benefit in allowing psychoactive cannabis to be sold in the retail space; Alabamians do not want to legalize recreational drugs. We urge state lawmakers, law enforcement officials, educators, medical professionals, and concerned citizens to join us in the effort to raise public awareness and push for to protect Alabama’s communities—especially its children—from the dangers of psychoactive cannabis products.”
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