Regulations on consumable hemp and CBD products are all but certain to be signed into law and take effect next year.

On Tuesday, May 6, the Alabama Senate passed a bill to restrict, regulate and tax the sale of consumable hemp products containing psychoactive chemicals. The bill will now be sent to the desk of Gov. Kay Ivey, where it awaits her signature.

The bill itself, HB 445 from Rep. Andy Whitt (R-Harvest) targets products containing chemicals called cannabinoids and are derived from hemp, a legal form of marijuana. When signed into law, the legislation will impose a ban on smokable hemp products and psychoactive products commonly known by their Delta strains such as Delta-8, Delta-9 and Delta-10. Online sales, direct delivery, drive-through sales and direct shipment will also be prohibited.

Among other details, the bill grants the Alcoholic Beverage Control Board the ability to enforce the law and to license retailers of these products. The bill will also limit the amount of THC in CBD consumable products such as gummies and hemp-infused beverages. Under the legislation, edibles must be individually wrapped in single-serve packaging, with a single serving containing no more than 10 mg of THC, while a pack of consumables can contain no more than 40 total mg of THC. Hemp-infused beverages will not be allowed to exceed 12 fluid ounces, and a carton may not contain more than four 12-ounce drinks.

The new law will restrict all CBD-related products to be sold only to adults ages 21 and over and will require these products to be sold only in liquor stores or stand-alone CBD/hemp stores where minors are prohibited access, meaning hemp and CBD products will no longer be sold at convenience stores or grocery stores. The bill will also impose a 10% tax on retail sales of these products, with most of the revenue going to the state, which will result in increased prices of consumables.

HB 445 was first introduced on March 18. It passed the House on April 10 by a vote of 60-27. Despite concerns from industry experts and lobbyists over the impacts the proposed legislation could have on the local market, the bill passed the Senate on May 6 by a vote of 19-13, sending it to Ivey’s desk for final approval, which she is expected to give. Sponsors and supporters of the bill argued current hemp-related products sold in stores and online are unsafe and unregulated.

“This is about protecting the health and safety of Alabama residents from consumable products marketed not only toward adults but toward children,” said Sen. Tim Melson (R-Florence), who vouched for the bill in the Senate.

Sarah Borchert of the dispensary CBD Pharmer in Gulf Shores said she believes the legislation will limit what shops like them will be able to sell and what their customers will be able to have access to. Speaking previously to GCM, she cited products such as Delta ATHC, which can help with pain management, and THCV, which can serve as a metabolism booster, helping people suffering with diabetes and can even help lose weight. Borchert also said she has had several military veterans come into the shop to buy products to help with their PTSD.

“There’s so many things that these products can help with and a lot of the people that come into our store are people who have seeked medical advice from doctors and not really been able to get anything or find anything that really works for them without really negative side effect,” Borchert said.

Amy Crawford, owner of SunMED Medical Solutions in Orange Beach along with her husband, Roger, said under the new law that they will no longer be able to sample their products or participate in vendor markets, pop up stores or local events, saying they are unsure what the future holds but that they will reach out to state officials for clarification on certain aspects of the bill, such as topicals and tinctures.

“The rain today feels appropriate,” Crawford told GCM Wednesday. “Everything feels heavy and overwhelming, but we know with certainty that God has a plan for us.”

The Alabama Hemp and Vape Association has denounced the bill, saying it will have devastating effects on small businesses and will harm consumers who need those products, urging residents to call the governor's office to convince her to veto the bill.

If signed into law, the bill will go into effect as early as July 1 so regulations and policies can be crafted, but the rules the bill sets up will be effective Jan. 1, 2026.