A bill aimed at regulating consumable hemp products has landed on Gov. Kay Ivey’s (R) desk, but its future is uncertain.
HB 445, sponsored by Rep. Andy Whitt (R-Harvest), would establish regulations for consumable hemp products in Alabama, but the bill’s language and potential consequences have led the hemp industry to suggest the possibility of litigation and led to uncertainty among lawmakers, business owners, patients and lobbyists.
“It is my hope that the governor signs the bill this week. I think it’s a good piece of legislation. I think it’s a bipartisan piece of legislation, and certainly, we have to get the guardrails up on this industry,” Whitt said in a phone interview Tuesday.
Key provisions of the bill include:
- Testing and labeling requirements for all consumable hemp products.
- Caps of 10 milligrams per individually wrapped product, with a cap of 40 milligrams per package.
- Authorization for the Alcoholic Beverage Control (ABC) Board to license retailers of these products.
- Restrictions on retail establishments selling hemp products.
- Prohibition of sales to minors.
- Prohibition of smokable hemp products and restrictions on online sales and direct delivery.
- Imposition of an excise tax on consumable hemp products.
The bill defines “consumable hemp product” broadly as any finished product intended for human or animal consumption that contains any part of the hemp plant or its derivatives, but explicitly bans smokable hemp products and certain psychoactive cannabinoids.
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