While ALCAP and other conservative organizations strongly advocated for a ban on dangerous psychoactive products being sold (even to minors) in Alabama, the State Legislature did not go that route. Instead, HB445 strongly regulates these “gas station weed” THC products widely available in the form of gummies and even canned drinks.
For more information, you can read ALCAP President Greg Davis’ op-ed here or listen to his thoughts on HB445 here on his Priority Talk Radio show and podcast.
Courtesy of Angelo Della Manna, Director of the Alabama Department of Forensic Sciences, here is a summary of the bill and what it does:
1. All hemp plant material and any smokeable hemp products are unlawful and banned.
2. Consumable hemp products may only be sold in 21+ stores, with all buyers required to have their ID checked.
3. Consumable hemp products distributed or sold in this State shall be governed by the Rules adopted and administered by the ABC Board.
4. Direct shipment sales, online sales or drive through sales of hemp products are prohibited. Penalties for violation of these provisions range from Class A misdemeanor to Class C felony for subsequent offenses.
5. All hemp derived products are banned from having any psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non‐cannabis materials.
6. Any consumable hemp product may not have more than 10mg of total THC, per serving, and no more than 40mg total THC, per package.
7. Any consumable hemp product must be individually wrapped, with strict child resistant packaging, labeling requirements, and warnings.
8. Beverages may only be sold in 21+ stores, or grocery stores that are licensed by the ABC Board and have 75% of their sale area dedicated to food, is at least 14,000 square feet in size, with hemp beverages located in an area that is separated from non‐alcoholic beverages, separated from beverages for children, and must be behind glass, with hemp specific signage.
9. Hemp and THC infused beverages may not exceed 10mg total THC, and 12 ounce serving size.
10. No hemp beverages may be offered for consumption on the licensed premises, with retailer also banned from offering any tastings.
11. Hemp products must first be tested and have a Certificate of Analysis (CoA), issued from an accredited laboratory, and be available for inspection from manufacturer to retail, per batch of product. If the CoA cannot be produced at the point of retail, the hemp product shall be considered contraband and seized by law enforcement or ABC agent, without a warrant.
12. Creates an excise tax of 10% on hemp products and beverages, with 90% going to the State General Fund, and 10% to the Treasury of the municipality or county where it is sold.
13. Penalties for persons found to be selling hemp products in violation of HB445 are $1,000‐ $5,000 for 1st to 3rd offenses. Retailers found to be selling in violation of HB445 have penalties ranging from $5,000‐$10,000 for 1st to 3rd offenses. If any retailer is found to have sold hemp products to Minors, penalties range from $5,000‐$20,000 with the potential to also lose their retailer license.
14. All proceeds, property obtained from proceeds, equipment, materials, and personal property used in the illegal sale or possession of hemp products shall be subject to forfeiture proceedings.