MONTGOMERY — Opponents and proponents of legislation regulating psychoactive cannabinoids like Delta-8 THC gathered at the State House on Wednesday to voice their opinions on the proposed bill.
Delta-8 THC, delta-10 THC, HHC, THCa and THCP are among some of the most popular legal psychoactive cannabinoids legally available at hundreds of stores in the state right now. Their surge in popularity comes as they are legal alternatives to traditional marijuana.
The primary psychoactive compound found in marijuana and its derivatives is called Delta-9 THC. However, state law lists all THC as a Schedule 1 controlled substance. The legal cannabinoids are generally derived from hemp-derived cannabidiol (CBD), which is excluded from the state’s current drug scheduling. The hemp plant is used to extract compounds that, while technically legal, produce a similar psychoactive effect as traditionally smoked, vaped or ingested THC.
Like THC, the legal cannabinoids can be eaten, usually in the form of gummies, as well as smoked, vaped and infused drinks. Some retain their chemical structure after being ingested. While others, like THCa, convert to Delta-9 THC when heated, either as a bud, flower, or through vaping THCa extracts.
House Bill 445 (HB445), by State Rep. Andy Whitt (R-Harvest), would authorize the Alabama Alcoholic Beverage Control (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.
Members of the House Health Committee didn’t vote on the legislation during Wednesday’s meeting. However, Whitt gave a lengthy soliloquy on what he believes to be the adverse effects of “unregulated, unchecked and dangerous industry,” bringing several store-bought examples to the podium.
“Something that I’ve learned in this process is the correlation of sex trafficking and human trafficking,” Whitt said. “In Michigan, the county where Flint, Michigan is, they had the largest bust that they’ve had in human trafficking. When they were debriefing the young ladies that were taken in, and it was 2025, I think. Something of that nature. How were they so subdued? They were given gummies. They were given suckers that were laced with this THC and these Delta-8, [Delta] 9 products.”
Whitt brought several hemp-derived THC products, boldly claiming one-half of one of the gummies was the intoxicating equivalent of a bottle of 80-proof vodka.
“I don’t know if I should have gloves holding this,” Whitt continued. “I mean, this is bad stuff, and it’s being sold to our kids.”
Opponents of the legislation, which included investors, producers, growers and sellers, all agreed with the age-restriction provision of the bill but objected to the other regulatory measures. Others pointed to the perceived hit to the state’s economy.
Carmelo Parasiliti, co-owner of a Florence store that sells these products, spoke against the bill.
“Selling to minors is absolutely unacceptable, and those responsible should face severe consequences,” Parasiliti said. “However, punishing adults who use these products legally and responsibly should not be the answer. This is pushed under the false premise of protecting children, yet the data simply does not support the hysteria.”
“In 2023, Alabama Poison Control reported 235 Delta-8 cases, and these cases represent just 0.018% of Alabama’s 1.3 million residents under 21. Most importantly, no deaths have occurred. Cannabinoids like Delta-8, CBD [and] CBG are non-lethal, non-addictive, and federally legal. Mr. Whitt says ‘plague,’ but again, no deaths.”
Supporters of the bill included Eagle Forum of Alabama (EFA), ALCAP, The Alabama State Bureau of Investigation, local police officials, and citizens who had tales of family members adversely affected by the use of THC products.
Notably, many of the bill’s supporters complained that it did not go far enough since it still allows the sale of the products despite the limitations and regulations.
“Psychoactive cannabinoids are being sold in Alabama, yet the bill does not ban them,” said EFA executive director Becky Gerritson. “Psychoactive cannabinoids are, in essence, recreational marijuana, which is supposed to be illegal in Alabama.”
She continued, “The bill language is opening up Alabama to full recreational marijuana for adults or codifying what we’re already seeing. The bottom line is these products need to be banned. Hemp products that are not psychoactive are fine, but let’s ban the others.”
Lawmakers seemed divided on the bill across party lines, with Democratic lawmakers who occasionally appeared visibly annoyed at some of the opposition speakers’ claims.
“Essentially, tobacco [and] alcohol is bad for you to some degree as well, but people still consume it,” said State Rep. Jeremy Gray (D-Opelika). “The age requirement, some of the restrictions make sense, but it seems like we’re just moving too fast on some of these restrictions.”
Some Republican lawmakers also shared Gerritson’s objection, questioning why the THC products are not being banned outright.
“Why are we selling these at all anywhere and not just limiting to hemp only?” asked State Rep. Susan DuBose (R-Hoover). “Why would we want to sell that with a five milligram level?”
Whitt noted that the Senate's ongoing attempt to place a blanket ban on the products had already fizzled in its respective committee.
The committee did not vote on the bill after the public hearing, meaning it will likely be at least a week before the committee takes a final vote.
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