BIRMINGHAM, Ala. — Alabama lawmakers have passed a bill granting the state’s Alcoholic Beverage Control Board sweeping authority over the sale and regulation of consumable hemp products, marking one of the most significant shifts in drug policy in recent years.
The measure, House Bill 445, cleared the state Senate on Monday in a 19-13 vote after earlier passing the House. It now awaits Gov. Kay Ivey’s signature. If signed, the law will take effect Jan. 1, 2026.
Under the bill, the ABC Board would oversee licensing for manufacturers, wholesalers and retailers of hemp-derived products such as delta-8 and delta-10 THC. These products, often sold in gas stations and vape shops, are not explicitly illegal under federal law but exist in a legal gray area that many states are moving to address.
The legislation imposes limits on the potency of products, capping THC content at 5 milligrams per serving and 0.3% by dry weight. It also bans smokable hemp and restricts sales to adults 21 and older. Retailers will be limited to licensed standalone hemp shops, state-approved liquor stores and pharmacies, cutting off access from convenience stores and vending machines.
Supporters say the bill is a necessary step to protect public health, particularly for minors. Opponents, including some small business owners and hemp advocates, argue the law could choke out local retailers and penalize consumers without clear evidence of harm.
The Alabama legislation comes amid national uncertainty about how to handle the proliferation of unregulated cannabinoid products. The Food and Drug Administration has not issued broad guidelines for hemp-derived THC, and the agency’s future is unclear under potential political shakeups.
In a state that still bans recreational cannabis and has a delayed medical marijuana rollout, HB445 walks a line between prohibition and permissiveness. It reflects growing political interest in placing boundaries around substances that have surged in popularity but largely escaped scrutiny.
For consumers and business owners alike, the law raises questions about whether Alabama is responding to a genuine public health risk or to cultural unease about new forms of intoxication. The answer may depend on how future studies and regulatory reviews unfold — or whether fears around these products prove to be more smoke than fire.