Before we start anything, let’s try to determine what will happen.
By Alander Rocha, Alabama Reflector
The bill, which regulates consumable hemp products, has been sent to Gov. Kay Ivey, R.’s desk. But its future remains uncertain.
HB445 is sponsored by Rep. Andy Whitt of Harvest (R-Harvest) and would set regulations in Alabama for hemp-based products. But the wording and possible consequences has led hemp producers to speculate about litigation, and uncertainty amongst lawmakers, businesses, patients, and lobbyists.
I hope the Governor signs this bill in the next few days. This is a great piece of legislation. Whitt, in an interview by phone on Tuesday, said that the bill is bipartisan.
Among the key provisions in this bill are:
- All hemp-based products must be tested and labeled.
- The maximum limit per individual wrapped product is 10 milligrams, while the package cap is 40 milligrams.
- The Alcoholic Beverage Control Board (ABC) is authorized to issue licenses for retailers of the products.
- Restriction on retailers selling hemp products
- Sale of tobacco products to minors is prohibited.
- The sale of smokable products, online and by direct delivery is prohibited.
- The taxation of hemp consumable products.
The bill bans the use of smoky hemp products as well as certain psychoactive cannabinoids.
There’s no clarity on whether CBD, the non-psychoactive hemp cannabinoid, would be banned by this bill. In the bill “any smoking hemp products” is defined as “plant material or raw hemp that’s marketed by consumers under names such as hemp cigarettes (or hemp cigars), hemp joints, buds of hemp, flowers and leaves, or ground hemp flower, including any cannabinoid product, psychoactive, or otherwise.”
There is disagreement among the lawmakers
After its passage, a public copy of the bill wasn’t made available until it had been passed. Molly Cole of the Alabama Hemp and Vape Association said she would like to see the bill read in the Senate chamber.
“When Sen. Melson came onto the floor and proposed this bill for the substitute,…no one called for it to be read on the floor. Cole felt that the bill was misrepresented because it said only one thing: move goods to stores with 21-and-up prices.
It appears that even the sponsor of the bill and the senator responsible for its passage in the upper house are at odds with each other over the implementation.
Tim Melson, R-Florence Senator who was in charge of Whitt’s Senate legislation but whose hemp bill failed to pass in committee, stated in an interview that he is unsure if this bill prohibits vaping hemp THC. He believed that hemp-derived THC vapes were still available in vape shops for those aged 21 and over.
“The hemp vape products, yes, anything with the THC would go to, my understanding…they would go to vape stores. Melson replied, “But that’s not to say that I wouldn’t double-check now that you have me asking questions.”
Whitt however was very clear.
This legislation bans any product that is smokeable or inhalable. The same would apply to vapes that contain delta-8. [delta]”It’s a -9,” said he.
The U.S. Food and Drug Administration reports that delta-8 and delta-9 are two psychoactive components found in cannabis.
‘Our future in Alabama is uncertain’
Hemp industry representatives strongly oppose this measure and warn of its consequences to both consumers and businesses.
Carmelo Parasiliti of Green Acres Organic Pharms Florence pointed out that this bill might have a negative impact on his company. Parasiliti stated that almost all of the products they offer are federally approved and laboratory tested. He said that under HB 445 all of these products would be illegal.
We’re keeping our storefronts open, serving Alabama as best we can, but the future of Alabama remains uncertain. I hope Gov. Kay Ivey is likely to veto it if she really supports small business, Parasiliti told me in an exclusive interview.
He pointed out that hemp can be harmful to those who use it for medical purposes, especially in the cancer program which he initiated to give free or cheap hemp products to patients referred to him by their providers.
Parasiliti stated that the law makes it illegal to distribute these products to those in need, regardless of their health condition. This is cruel.
Nancy Owen Nelson, who is a Florence resident and cancer patient using hemp, most notably CBD, to manage her symptoms, as well as a member of the Green Acres Organic Pharm Cancer Program, expressed disappointment with the proposed bill. Nelson plans to send a letter encouraging Ivey to veto the bill. She tried to call but the voicemail box was full.
The thing with this condition is it doesn’t affect one part of the body. It is an all-over fatigue. Owen Nelson says that it makes him feel more calm and relaxed.
Whitt und Melson state that this bill has as its primary purpose to protect and regulate a largely unregulated hemp industry. Owen Nelson agreed that hemp products should be regulated, but felt that the bill went too far. She also said that it was unlikely that the bill could limit access to minors.
It is up to the parents to ensure that their children are protected at home.
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Whitt said that he felt the hemp industry needed “guardrails”. He also stated his desire to curb “the wild west” resulting from the Farm Bill 2018.
In 2018, the Farm Bill changed federal definitions of marijuana to include hemp, cannabis products with less than 0.3 per cent THC in dry weight and other cannabis products.
There is confusion in the industry
Molly Cole said, as a lobbyist representing the Alabama Hemp and Vape Association that industry members are confused over the way the bill defines a consumable hemp products. The lobbyist also pointed out that there are conflicting dates for implementation, which state that “the act shall be effective July 1, 2025”, but that businesses still have to adhere to the law until January 1, 2020.
She said, “That is causing chaos and confusion.”
Ivey has been urged to veto the bill by hemp producers. Gina Maiola did not reply to our request for a comment. The Legislature can override the governor’s veto if she vetoes a bill. However, it is unclear if the Legislature will have the necessary votes. The bill passed with a 60–27 vote and 14 abstentions out of the House and a 19–13 vote in the Senate.
Parasiliti stated that he hopes for a “veto”.
He said, “The Governor’s Office just celebrated small business week last week and we’re here.” If this bill becomes law and is signed, it will put many small businesses out-of-business.
Cole stated that the industry was looking for best practices and that litigation would be considered.
We are talking about it, she added. “We want to know what’s going to be happening and what won’t happen,” she explained.
Alabama Policy Institute (a conservative think-tank) also opposed the bill. However, for different reasons. They claimed on X (formerly Twitter), that it would allow recreational marijuana use under the guise to protect children.
Birmingham Mayor Randall Woodfin, who also opposes the legislation, posted on Facebook a message saying that the bill would undermine the progress in reforming cannabis and hurt small businesses.
Woodfin stated that “Alabama House Bill 445” is a backward step and harms small business in Birmingham. Woodfin said that the bill could bring us to an age of overregulation and cannabis prohibition, rather than bringing us to equity and justice.
The original publication of this story is Alabama Reflector.
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