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Fairhope council discusses consumable hemp (CBD) regulation; defers formal policy

Fairhope City Council · January 27, 2026
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Summary

City staff briefed council on new state law handing consumable hemp product regulation to the ABC board; council asked staff to research license pathways, fee structures and local enforcement, and agreed to revisit the item at a future work session.

On Jan. 27 the Fairhope City Council discussed whether to permit retail sales of consumable hemp products within city limits after staff briefed members on new state legislation that placed oversight of those products with the Alabama ABC Board.

Jennifer Olmstead told council that the law, effective Jan. 1, creates three state license categories: specialty retailers that sell only hemp/CBD products; pharmacy-distributed consumables (pharmacy-only products and certain ingestibles under pharmacist control); and retail-food-store consumable hemp products sold in grocery stores that meet a minimum square footage (about 14,000 sq. ft.) and special containment requirements. Olmstead said age limits are 21, similar to alcoholic beverage regulations, and two local applications have already been submitted to the state ABC board but are still under vetting.

Council members asked whether local approval would mirror liquor-license pathways and whether public hearings or police-chief recommendations should be part of the municipal review. Some members said they had received constituent calls and preferred more research on fees and comparative municipal approaches; one council member urged a tiered fee schedule to bring local license fees closer to peer cities. Chief (unnamed) said he had not yet reviewed the legislation and would need time to advise on enforcement.

Council did not adopt a local ordinance at the meeting. Staff was asked to return with recommended fee language, comparisons to peer cities (including tourist communities), and a proposed administrative path (liquor-license style review vs. special public hearing) for the council to consider at a future work session.

What happens next: Staff will research fee comparables and regulatory procedures and return to a future work session for further direction.