Will Alabama legislators ban delta-8 this session? It’s coming down to the wire

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Several bills that would regulate or ban hemp-derived THC products, like delta-8, are being considered in the current Alabama legislative session. One, HB445, has been passed by the House and is working its way through the Senate.

The measure calls for labeling and testing requirements, and would strictly limit the amount of THC that can be in the products. The legislation would also limit the sale of the products to businesses that minors cannot access.

Aaron Smith is the CEO of the National Cannabis Industry Association, the largest trade group representing legal cannabis businesses. He agrees with the need for regulation.

“I think that those products should remain available, but only to adults over 21 and only if they go through a regulatory regime that ensures they’ve been tested, labeled properly, and are safe products,” Smith said.

But Smith, as well as advocates in Alabama, are concerned with the strictness of the bill’s limits on the amount of THC in the products – the bill calls for a cap at .3%. Smith said that’s basically the limit of biomass and rope made from hemp.

Instead, he says the regulations should state how much THC is in a given product, so consumers know what they’re buying.

“Cannabis products, just like alcohol, can vary widely,” he said. “You need to make sure the difference [is labeled] between beer and whiskey, for example.”

While Smith believes these products should only be available through licensed retailers, recreational use should not be criminalized. He alluded to studies that show overwhelming support for legalization. One survey from The Pew Research Center showed almost 90% of U.S. adults believe cannabis should be legal for medical or recreational use.

“It’s important to remember, cannabis has been available for decades and decades, centuries, regardless of its legal status,” Smith said. “And so, we want to make sure that it’s regulated accordingly.”

WBHM attempted to contact HB445’s sponsor, Rep. Andy Whitt, a Republican from North Alabama, but did not immediately hear back. His bill, following its passage in the House, received approval on Wednesday from the Senate Fiscal Responsibility and Economic Development committee.

John Parker is CEO of Near to Me Dispensary, a hemp store on Birmingham’s Southside. Parker says he backed a 2023 law that prohibits the sale of psychoactive cannabinoids to minors.

This session he’s again been working with lawmakers on bills to regulate the industry. He’s not a fan of HB445.  

“For one, this bill will put stores like mine out of business,” he said. “I’m all for regulation. There are some bad actors in this industry. But there is a right way and a wrong way to do this. A ban is the wrong way. We’ve already tried the prohibition of alcohol and look how well that worked.”

Senators working on the bill have said they plan to combine the legislation with several other bills, before it goes to the Senate floor. Parker hopes he and others in the industry, as well as consumers, can influence its direction.

HB445, or a new version of the bill, could go to the full Senate next week.