Psychoactive cannabinoid advocates are urging Governor to veto cannabis legislation

May 9, 2025 – Advocates for psychoactive cannabinoids derived from hemp are disappointed with legislation passed by the governor that will tax and regulate psychoactive cannabinoids derived chemically from non-psychoactive hemp.

While Alabama did pass medical marijuana legislation in 2021, the Alabama Legislature made it abundantly clear that recreational marijuana would not be allowed in the state. That position was made null and void by the 2018 Farm Bill that legalized hemp. Hemp advocates argued that the plants would be used to produce fibers for hardwood flooring, paper, automobile panels, clothes, rope, and much more. While we are still waiting for hemp fiber to become commercially available in quantity, hemp farmers were quick to turn the oil produced by hemp flowers into cannabidiol oil (CBD) which has some medicinal value in certain circumstances. The industry soon realized that Delta 8, Delta 10, Delta 12, and even Delta 9 – the psychoactive cannabinoid that makes marijuana a controlled substance – could all be derived from hemp and CBD in a lab through distillation. Now there is a glut of high THC gummies, cannabis infused beverages, tinctures, oils, candy, and smokable products all over the state in grocery stores, gas stations, vape shops, convenience stores, restaurants, bars, and convenience stores. Essentially recreational marijuana came to Alabama – it just didn't come from the high THC marijuana plants – which are still illegal to possess.

Instead of banning these products outright, the Legislature decided to tax and regulate the new recreational drugs.

House Bill 445 (HB445) was sponsored by State Representative Andy Whitt (R-Harvest) and carried in the Senate by State Senator Tim Melson (R-Florence). The bill requires that sellers of these products get a license from the state ABC Board and limits what products can be sold and where. It also imposes a tax on all of the psychoactive cannabinoids sold in the state to pay for enforcement.

Advocates of the psychoactive hemp products believe that the bill goes too far and they are urging Governor Ivey to veto HB445.

The Alabama Cannabis Coalition and the Alabama Vape and Hemp Association urged supporters to: "🚨 URGENT CALL TO ACTION: Contact Governor Kay Ivey to VETO HB445 🚨AHVA members, the time to act is NOW. HB445 threatens to devastate our community by implementing harmful restrictions:

• All smokeable hemp products will be removed from shelves by July 1, 2025.

• Consumables (edibles and drinks) will be limited to 10mg per serving starting January 1, 2026.

This legislation will harm businesses, consumers, and public safety. People who rely on these products for health and wellness will lose access, and the black market will inevitably rise to fill the void, endangering consumers.

We need shop owners, consumers, and distributors to stand united and raise their voices. Let Gov. Ivey know how devastating this bill will be for families, businesses, and communities across Alabama."

They are also threatening to sue the state if this is signed into law or the Legislature were to override Governor Ivey's veto.

"A legal fund is being created to support the legal action the industry will pursue to challenge HB445. Details on how to donate to this cause will be released soon. This effort is vital to protect businesses and livelihoods across Alabama.

⚠️ Business owners: Please pause any individual legal action at this time. Smaller cases could weaken the larger case being built with our national partners."

Conservatives also do not like this legislation.

Stephanie Williams, the President of the Alabama Policy Institute (API) had wanted the Legislature to simply ban all of these products.

Speaking to ALCAP Director Greg Davis on his radio show on 101.1 FM. Willaims said that the decision to treat psychoactive cannabinoids like alcohol will only further "normalize" these products and continue to lead to growing problems with cannabis intoxication, poisoning, and addiction.

Governor Ivey could sign HB445 into law as soon as Monday.

Wednesday will be the last day of the 2025 Alabama Regular Legislative Session.