Conservative groups urge Legislature to ban or severely restrict psychoactive cannabinoids synthesized from hemp

May 1, 2025 – The Alabama Senate is poised to consider legislation that will either tax and regulate or outright ban hemp derived psychoactive cannabinoids. A coalition of conservative groups are urging the Senate to ban these products outright or severely limit where they can be sold.

The coalition supporting a ban of hemp derived psychoactive cannabinoids include: Eagle Forum of Alabama, the Alabama Citizens Action Program (ALCAP), the Alabama Policy Institute (API), and the Southeast Law Institute.

On Wednesday, the coalition released a statement claiming that synthesized hemp products represent a growing public safety crisis.

"We, the undersigned organizations, are writing to address the growing public safety crisis caused by synthesized hemp products containing dangerously high levels of THC," the socially conservative coalition wrote in a joint statement. "Even though Alabama has not legalized recreational marijuana, a loophole in the 2018 Farm Bill has allowed certain manufacturers to manipulate legal hemp-containing less than 0.3% THC dry weight at harvest-and synthesize it into highly potent psychoactive products. These items, misleadingly marketed as "hemp," are being sold in gas stations, convenience stores, and vape shops throughout the state. Though regulations prohibit sales to minors, these dangerous substances are increasingly making their way into the hands of Alabama's youth."

"On April 25, 2025, the Alabama Civil Court of Appeals issued a ruling on the AL Department of Public Health and Scott Harris, in his official capacity as State Health Officer v. TSTL Holdings LLC," the coalition continued. "The ruling confirmed that the Hemp Act's intent was to create a hemp research program aimed at developing a market for industrial hemp and hemp products and not to authorize an open, unregulated market for food products containing industrial hemp, its derivatives, or cannabinoid. It also confirmed that neither the ADPH nor the FDA recognize cannabinoids as safe food additives."

"We represent Eagle Forum of AL, ALCAP, Alabama Policy Institute, and Southeast Law Institute, and we are deeply concerned about the impact of these products on our communities," the Coalition wrote. "The frequent news stories that highlight deaths, suicides, and accidental poisonings actually under-represent the harm experienced by Alabama citizens. Alabama Forensics also confirms that in 2022-2023 THC was the number one intoxicant for DUI's and motor vehicle deaths. That is a serious problem considering Alabama has not legalized recreational marijuana nor has the Alabama Medical Cannabis program even started. Families who have been personally impacted by these products have shared their stories with us, highlighting the urgent need for stronger enforcement and legislative action to address the safety issues caused by these synthetic THC products being sold under the guise of legal hemp. These products are clearly being used as recreational marijuana."

"The dangers of psychoactive cannabis products are real, and lives are being damaged and lost due to their use," the groups claimed. "There is no public safety or health benefit in allowing psychoactive cannabis to be sold in the retail space; Alabamians do not want to legalize recreational drugs. We urge state lawmakers, law enforcement officials, educators, medical professionals, and concerned citizens to join us in the effort to raise public awareness and push for to protect Alabama's communities-especially its children-from the dangers of psychoactive cannabis products."

The industry agrees that some regulations are necessary; but disagrees with the argument that it should be taken out of the retail space altogether and are instead arguing that it should be treated like alcohol and that it should not be sold to persons under the age of 21.

Chey Garrigan is the founder and president of the Alabama Cannabis Industry Association.

"The products should be regulated however, it's not the legislature intent to stand in as a parent," Garrigan told the Alabama Gazette.

Garrigan said that it is "unfortunate" that children were poisoned when they consumed their parents' cannabis that is a parenting issue – much the same as if the small child got into their parents' alcohol cabinet and had alcohol poisoning.

"The state of Alabama or the State legislature is not "Daddy," Garrigan continued. "This has been an issue since 2021. The industry does not want to see anyone harmed from these products and we all agree regulations are welcomed."

State Representative Andy Whitt (R-Harvest) has a bill that would tax and regulate hemp derived cannabinoids.

"We should consider "Responsible Adult Use,"" Garrigan said. "The ABC Board is willing to consider policy's that will promote a safe 21 and up industry of responsible adult use products. With the right structure, legalize federally illegal products and ban the synthesized hemp products. That is what other states with a thriving responsible adult use market is doing."

Garrigan said that cannabis infused beverages, gummies, oils, tinctures, and foods were legalized by Congress in the farm bill and the state of Alabama should not ban a product that is sold legally in every county in the state.

"We can't just eliminate a product that is not understood," said Garrigan. "You can't travel 20 miles without coming into contact with a gas station, grocer, or hemp shop that is carrying said products. It's simply too big and misunderstood to ban. The State of Alabama would go bankrupt in an attempt to ban said products. It's beneficial and cost productive to allow a responsible adult use market. For the state to ban a product that the federal government has legalized is a waste of time and taxpayer dollars."

The Senate could consider hemp derived cannabis legislation as soon as today. There are some sources who say that the Senate may punt on this issue and refer it to a study committee to present the Legislature with recommendations next year.

Thursday is day 27 of the Alabama Regular Session.