Alabama

Alabama’s HB 445 (Act 2025-385), sponsored by Rep. Andy Whitt (R-Harvest) and signed by Gov. Kay Ivey on May 14, 2025, represents the most aggressive Southern state pivot on intoxicating hemp to date. The law was structured in two deliberate phases: a July 1, 2025 smokable ban with immediate felony penalties, and a January 1, 2026 activation of the full licensing, taxation, and product-approval framework administered by the Alabama Alcoholic Beverage Control (ABC) Board. Under Ala. Code §13A-12-214.4 (as amended), possession or sale of smokable or inhalable hemp — including flower, prerolls, hemp cigarettes/cigars, vapes, cartridges, dabs, and e-liquids — became a Class C felony punishable by up to 10 years in prison and a $15,000 fine. Four hemp companies including Mellow Fellow Fun and the Humble Hemp Shack sought a TRO in Montgomery Circuit Court arguing the synthetic and smokable definitions were unconstitutionally vague; the court denied the TRO and enforcement began on schedule. Raids on smoke shops, CBD stores, and gas stations followed across the state. For the consumable channel, HB 445 caps beverages at 10mg total THC per 12oz serving with a maximum of 4 containers per package, and edibles at 10mg per individually wrapped serving and 40mg per package total. All products must be tested using a post-decarboxylation total-THC formula (delta-9 + 0.877 × THCA). Alabama’s ABC Board — the same agency that regulates liquor — was chosen as the hemp regulator, following the Southern trend of routing hemp-THC beverages through alcohol regulators. On December 19, 2025 the ABC Board adopted an emergency rule (2-1 vote, over the objection of HB 445 sponsor Rep. Whitt) establishing the Responsible Consumable Hemp Product Program, which sets a warning-then-fine escalation ($1,000 first offense for distributors selling non-approved products, $2,500 for second offense within four years). A 10% state excise tax applies to retail consumable hemp sales, with proceeds funding enforcement. Retail location restrictions exclude gas stations, convenience stores without qualifying licenses, and most vape shops — leaving specialty retailers, qualifying grocery stores, and pharmacies (topicals/sublingual only) as the licensed channels. Direct-to-consumer shipping into Alabama is prohibited entirely. HB 445 §28-12(d) contains an explicit federal supremacy provision: any federal law enacted after July 1, 2025 that conflicts with the chapter supersedes the state framework. That provision means the federal Section 781 cliff on November 12, 2026 will directly preempt Alabama’s 10mg cap, invalidating essentially every currently-compliant Alabama beverage SKU — the federal 0.4mg/container ceiling is 25x tighter than Alabama’s. Alabama’s SB 46 (2021) medical cannabis program has never produced retail sales due to ongoing dispensary-licensing litigation, so the ABC-licensed consumable hemp channel is effectively Alabama’s only functional cannabinoid retail pathway.