Senate Bill 273 (Hemp Regulation) Information Sheet

The Synopsis of Senate Bill 273 and Explanation

“Existing law lists tetrahydrocannabinol (THC) as a Schedule I controlled substance, but explicitly exempts THC found in hemp.”

[Explanation and background: THC is found in marijuana plants, and it is psychoactive. CBD, which also comes from marijuana, is not psychoactive. The THC found in hemp––which is a part of the marijuana plant––is low, and thus has been exempted from being a Schedule I Controlled substance]

“Delta-8 THC, Delta-9 THC, and Delta-10 THC are psychoactive cannabinoids that can be made from hemp-derived cannabidiol (CBD). Under existing law, these psychoactive cannabinoids sold in Alabama may not be sold to minors and must be located in an area where minors cannot access the products.

[Explanation: In 2018, the federal Hemp Farming Act became law. This law allowed the THC found in hemp to be exempt from being a Schedule I controlled substance. There is a loophole in the law at this point. The CBD found in hemp, which starts out as non-psychoactive, can be converted into various psychoactive cannabinoids (mentioned above as Delta-8 THC, Delta-9 THC, and Delta-10 THC) through laboratory processes, thus creating a type of “synthetic marijuana.” This synthetic marijuana is now sold across Alabama and gets into the hands of minors and into schools]

“This bill would provide that only nonpsychoactive cannabinoids derived from or found in hemp are exempt from the Schedule I controlled substances list, thus classifying psychoactive cannabinoids as controlled substances.”

[Explanation: This closes the loophole. Hemp may not be manipulated to produce psychoactive cannabinoids and then made available for mass consumption directly to the public. The psychoactive cannabinoids mentioned above would become controlled substances, subject to laws relating to those controlled substances]

“This bill would provide that products that are ingested, whether orally or absorbed through the skin, that contain cannabidiol (CBD) or other nonpsychoactive cannibinoids found in or derived from hemp may only be sold in licensed pharmacies that obtain certification from the Alabama State Board of Pharmacy.”

[Explanation: This bill would require non-psychoactive hemp products to be sold through licensed pharmacies]

“This bill would require the Alabama State Board of Pharmacy to inspect pharmacies pursuant to this act.
“This bill would require testing of consumable hemp products prior to sale.
“This bill would establish testing protocols for testing of hemp and consumable hemp products.
“This bill would provide that only consumable hemp products using hemp cultivated in this state may be sold.
“This bill would require the Department of Agriculture and Industries to establish a tracking
program of hemp and consumable hemp products as well as the testing of these products.
“This bill would also repeal the provision that prohibits the sale of psychoactive cannabinoids to
minors.”

[Explanation: These are more regulations by which the marijuana industry legally must abide, in theory]

Important Information

• Banning, which this bill does, is better than regulation. The regulation of these hemp products will not remove them from minors or public schools, which is a major goal. The black market will still exist, and thus more energy needs to be devoted to enforcement of the law against lawbreakers as opposed to regulation.