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House Health Committee backs bill to restrict retail sales of chemically altered hemp products to 21+ licensed outlets
Summary
The committee voted to give a favorable report to a bill sponsored by Rep. Witt that would limit sales of certain hemp-derived products to 21-and-older, ABC-licensed stores with a 5-milligram cap; sponsors said federal law and product innovation limit the ability to fully ban synthetic variants.
Representative Witt introduced a bill aimed at limiting the retail availability of chemically altered hemp products, including delta-8 and delta-10 formulations, and the House Health Committee moved the measure forward on a pair of favorable reports.
Witt told the committee that a recent press release from Herbal Oasis, the parent company of CBDMD Inc., announced expanded distribution into convenience stores, grocery outlets and on-premise accounts such as bars and restaurants across Alabama and the Florida Panhandle; Witt said the bill is intended to prevent such on-premise and general retail sales. "This is exactly what we discussed last week that we were trying to do was stop this product being served in such a manner," Witt said.
The bill would restrict sales of the specified hemp-derived products to stores licensed by the Alabama Alcoholic Beverage Control authority (ABC) that serve customers age 21 and older, and would cap the allowable amount per product at 5 milligrams. Witt said municipalities and counties would have a role in approving and signing off on licenses, and that ABC-licensed sellers would be required to self-regulate retail assortments and advertising to avoid marketing to children.
Committee members raised questions about broader prohibitions on chemically altered hemp or synthetic cannabinoids. Representative DeBose asked why the bill would not fully ban chemically altered hemp or synthetic marijuana; Witt replied that a combination of the federal 2018 farm bill "loophole" and the speed of product innovation mean the committee does not currently have the votes to enact a comprehensive ban. "Every time there's something created, there's something else that spins out, and we're putting that under the control of ABC," Witt said. He added the committee's intent was to place guardrails and keep products out of children's reach.
Representative Gray suggested studying economic impacts and convening a task force to address misinformation about the products as the bill moves forward. Representative Riggs asked whether ABC-licensed stores could refuse to sell the products; Witt said stores "will have to self-regulate what is sold and what is not" and that advertising requirements would limit child-oriented packaging.
The committee first voted to report the bill favorably as presented and then voted to report it as substituted. Motions were made on the floor (mover and seconds recorded in the transcript) and members voted by voice; the chair announced the bill "passes" after each favorable voice vote.
If enacted, the measure would shift sales of covered hemp-derived products from general retail and on-premise accounts to 21-and-up ABC-licensed outlets and impose a per-product 5-milligram cap; the bill does not ban chemically altered hemp products outright.
