The Alabama Legislature has passed two significant bills aimed at tightening regulations on vaping and consumable hemp-derived THC products. Both measures are now awaiting Governor Kay Ivey’s signature.
Regulating Consumable Hemp Products
House Bill 445, introduced by Rep. Andy Whitt, grants the Alabama Alcoholic Beverage Control (ABC) Board authority to oversee the manufacturing, distribution, and retail sale of consumable hemp products, including those containing Delta-8, Delta-9, and other psychoactive cannabinoids.
Key provisions of HB 445 include:
- Prohibiting the sale of consumable hemp products to individuals under 21 years of age.
- Restricting retail sales to establishments inaccessible to minors, such as liquor stores, and excluding convenience stores and gas stations.
- Banning all inhalable hemp products, including vapes and smokable flower.
- Limiting THC content in consumable hemp products to a maximum of 5 milligrams per serving.
- Imposing an excise tax on the gross sales of consumable hemp products, with proceeds allocated to the State General Fund, counties, and municipalities.
- Establishing the Consumable Hemp Product Compliance Fund to support the ABC Board’s administration and enforcement efforts.
Rep. Whitt emphasized the need for regulation, stating, “This legislation is an effort to place guardrails on a currently unregulated, unchecked, and dangerous industry.”
Tightening Vaping Regulations
House Bill 8, sponsored by Rep. Barbara Drummond, seeks to strengthen enforcement of existing laws prohibiting the sale of vape products to individuals under 21.
The bill’s provisions include:
- Raising the legal age for purchasing tobacco and vaping products from 19 to 21.
- Banning the sale of vape products through vending machines outside adult-only venues.
- Establishing a vaping awareness program for public schools.
- Imposing enhanced penalties for minors in possession of tobacco or vaping products.
- Introducing new licensing fees for the distribution of tobacco and vaping products, with funds directed to a dedicated enforcement fund.
Rep. Drummond highlighted the urgency of the issue, referencing a tragic incident involving a young man who died after using a fentanyl-laced vape pen. “This is a problem that is going to affect their health,” she said, emphasizing the importance of protecting youth from the dangers of vaping.
Next Steps
Both bills have received bipartisan support and are now pending Ivey’s approval. If signed into law, the measures would significantly alter the landscape of vaping and hemp-derived THC product sales in Alabama, aiming to enhance public health and safety across the state.
