Ivey signs a bill regulating the sale of hemp products

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MONTGOMERY, Ala. (AP) — Alabama Gov. Kay Ivey on Wednesday signed legislation putting new regulations on gummies, drinks and other products containing cannabinoids from hemp, a legal variety of the marijuana plant.

The law would allow gummies, drinks and other consumable products to continue to be sold, but limits the amount of psychoactive compounds in the products. It also puts restrictions on where the products can be sold.

The governor signed the legislation Wednesday, Ivey spokeswoman Gina Maiola said.

The bill drew opposition from both store owners — who said it would destroy their small businesses — and conservative groups who wanted the products banned. Both had urged Ivey to veto the legislation. The bill sponsor said the new law will put some controls on the substances.

“This legislation wasn’t easy — there were strong opinions on all sides. And, we had to navigate a lot of heated debate, but at the end of the day, it’s about putting guardrails in place to protect the health and well-being of our kids,” Republican Rep. Andy Whitt, the bill sponsor, said Wednesday.

The popularity of hemp-derived products, including delta-8 THC, has exploded in recent years. The 2018 federal Farm Bill created a legal loophole that says hemp products and the cannabinoids that could be made from them were classified as distinct from marijuana. That has allowed manufacturers to synthesize THC from hemp plants and sell it in products where marijuana isn’t legal.

The products have been sold in gas stations, specialty stores, vape shops and other places. Some states have moved to ban or heavily regulate the products.

Store owners had urged Ivey to veto the bill, saying it would cause their small businesses to close.

“This isn’t regulation, it’s eradication,” Jenni Otwell, founder of Magic City Organics, said last week. The store owners said the products provide a needed alternative to opioids and other medications for people struggling with sleep, anxiety or other issues.

The founder of Forging Progress PAC, a Birmingham-based group that organized a press conference on behalf of store owners, said the outcome was disappointing.

“It will shut down small businesses, eliminate jobs, and cut off access to hemp-based products that many people rely on for pain, anxiety, and other health needs,” Daniel Deriso said.

On the opposite side, the conservative Alabama Policy Institute had urged Ivey to veto or amend the bill, arguing it allowed the sale and use of THC for recreational purposes.

The new law will limit the amount of hemp-based tetrahydrocannabinol, or THC, that can be in edible products to 10mg of THC per serving. The Alabama Alcoholic Beverage Control Board would license and regulate retailers. Purchasers would have to be age 21 or older. Grocery stores could sell beverages containing THC, but the products would have to be kept off shelves, similar to how cigarettes are sold.

Smokable products will become illegal under the law.

Alabama has a medical marijuana program, but the products are not yet available to patients. The program has been stalled amid an ongoing legal dispute over the licenses.