On Wednesday, Governor Kay Ivey signed HB445 into law, enacting sweeping new regulations on consumable hemp products in Alabama.
The new law targets products containing hemp-derived THC compounds like delta-8 and delta-10, banning smokable forms and implementing strict rules on testing, packaging, licensing and age restrictions.
Beginning Jan. 1, 2026, the new law will require all consumable hemp products sold in the state to undergo independent lab testing and be clearly labeled with THC content. Products cannot be sold to anyone under 21, and online sales and direct shipments are banned.
Retailers must obtain a license from the Alcoholic Beverage Control Board and face steep penalties for noncompliance.
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The legislation was sponsored by State Rep. Andy Whitt (R-Harvest) and drew both praise from public safety advocates and concern from some business owners in the hemp industry.
While proponents argued the measure brings necessary oversight to a rapidly growing — and often confusing — market, others warned it could threaten small businesses selling popular THC-infused edibles and beverages.
The law bans smokable hemp products such as hemp cigarettes, cigars, joints and buds entirely. Retail sales of consumable hemp products are limited to adults 21 and older, and retailers must sell from licensed establishments with adult-only access in most cases. Retail food stores may sell hemp-infused beverages but must keep them behind glass and away from products marketed to children.
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An excise tax of 10% will be imposed on all retail sales, with 90% of the proceeds going to the state General Fund and 10% to local governments for enforcement. Products with psychoactive cannabinoids synthesized through chemical conversion are also prohibited.
Retailers found violating the law can face fines up to $10,000 and felony charges for repeat offenses. Selling to minors or operating without a license could result in license suspension or revocation. The ABC Board is also authorized to seize and destroy unlawful hemp products and regulate the licensing process moving forward.
HB445 repeals the state’s previous provision on the sale of psychoactive cannabinoids and creates the Consumable Hemp Product Compliance Fund to support enforcement.
The law takes effect July 1, 2025, with full implementation by January 2026.
Grace Heim is a state and political reporter for Yellowhammer News. You can follow her on X @graceeheim or email her at [email protected].