Hemp Products Bill Attacked From All Sides

A bill intended to regulate “bad stuff” and keep it out of the hands of under-21 Alabamians is being attacked by both pro- and anti-cannabinoid groups.

HB445 regulates the sale of psychoactive hemp-derived cannabinoid products and closes a loophole established by the 2018 Farm Bill. It authorizes the State ABC Board to regulate the sale of all consumable hemp products through licensing manufacturers, ban all incapable hemp-derived products, set limits on THC content, and restrict sales to those 21 years and older.

HB445 passed the Alabama Senate on May 6 by a vote of 19-13, with the House concurring that same day, 60-27-14.

The bill immediately came under attack from advocates of these products, with the Alabama Cannabis Coalition and Alabama Vape and Hemp Association issuing a Call To Action to urge supporters to call Governor Kay Ivey and ask her to veto the bill.

The Petroleum and Convenience Marketers of Alabama opposed HB445 because it bans all sales of these products in convenience outlets. Hemp producers and retailers criticized the bill, claiming it would have a significant negative impact on their businesses. People who use these products therapeutically expressed concern about the significant limits on the amount of active ingredients the bill mandated.

Even before the bill passed, a coalition of conservative groups including Eagle Forum and ALCAP urged the complete ban of all of these products, calling them a “public safety crisis.”

Now, the conservative think tank Alabama Policy Institute (API) has called on Governor Ivey to veto HB445 or send it back to the Legislature. In a legislative update and press release dated May 9, API stated:

“The Alabama Legislature voted to legalize recreational marijuana in the State of Alabama this week. Marijuana is a Schedule 1 drug. API stands opposed the state condoning and taxing the illegal drug use of its citizens. Picking winners and losers with spotty regulation and low taxation isn't the answer. If this bill is signed, the real losers will be the citizens of Alabama dealing with the aftermath of drugs being sold legally statewide in grocery stores, in state sanctioned stores, and in stores in every community.”

The press release concludes with, “Given the dangerous effects of psychoactive THC on humans and the potential of increased usage among Alabamians under its legalization the Alabama Policy Institute asks that Governor Ivey veto HB445 and that the Alabama Legislature ban psychoactive THC in our state.”

At last report, the Governor’s office was “considering” HB445.

Significant pressure was brought earlier in the session to address this issue. Now, with only one legislative day remaining, it seems the Legislature will have to take rapid action on this universally unpopular bill.

Unfortunately, no matter the outcome, the widely divergent goals of the involved groups virtually ensures that an unsatisfactory outcome—and the lawsuits that will follow—is inevitable.