A bill to regulate gummies, vapes, drinks, and other consumable products containing THC or CBD derived from hemp drew an overflow crowd for a public hearing Wednesday at the Alabama State House.
The sponsor of the bill said the wide availability and absence of oversight of the products creates dangers for underage users and the general public.
Supporters of the industry said they did not oppose regulation but said their products are safer than alcohol and should remain available to responsible adult users.
“This legislation is an effort to place guardrails on a currently unregulated, unchecked, and dangerous industry – sales of psychoactive cannabinoid products, also known as Delta 8s, 9s, infused drinks, vape products, and other smokables,” Rep. Andy Whitt, a Republican from Harvest in Madison County, told the Alabama House Health Committee.
“These products are currently being marketed all across our state in gas stations, in retail stores, grocery stores, and even being served on tap in local bars, restaurants.”
Current Alabama law prohibits the sales of the products to minors, or people under 19. But Whitt said the lack of other regulations leaves the public at risk of products he said are untested and dangerous.
“These products just put profits above anything else,” Whitt said.
Under Whitt’s bill, HB445, the Alabama Alcoholic Beverage Control Board would regulate the products and would issue licenses to manufacturers, wholesale distributors, and retailers.
It would prohibit sales to anyone younger than 21.
Whitt’s bill follows previous attempts to increase regulation of the hemp products.
Read more: Bill to make delta-8 as illegal as heroin fails in Alabama Senate; lawmakers consider new version
Hemp-infused debate: Alabama lawmakers, businesses, communities grapple over sale of THC beverages
People for and against the bill also spoke during the public hearing.
People with businesses involved in selling the products said they supported regulations but cautioned against overregulation that would keep the products from responsible adult users.
Carmelo Parasiliti II, CEO and founder of Green Acres Organic Pharms, said he supports criminal penalties for those who sell to minors.
“However, punishing adults who choose to use these products legally and responsibly should not be the answer,” Parasiliti said.
Whitt said overdoses of the hemp-derived THC products led to hundreds of calls to the Alabama Poison Control Center in the last few years, with many of the emergencies involving children younger than 6.
Parasiliti said the number of calls represents a tiny portion of Alabama’s population and noted that no deaths have been reported.
“We trust adults to make informed choices between alcohol and tobacco – substances that are proven to cause millions of deaths annually,” Parasiliti said.
“Why can’t we trust them to choose between alcohol and safer, non-lethal hemp-derived cannabinoids?
“HB445 unfairly targets safe, federally legal products and punishes licensed hemp growers who have invested in Alabama’s future, costing jobs and reducing economic impact.”
Molly Cole, representing the Alabama Hemp and Vape Association, spoke against the bill, saying it was a rushed attempt to address a complex subject. Cole urged lawmakers to appoint a study commission of experts to develop a long-range, evidence-based plan.
Others, including two members of law enforcement, spoke in favor of the bill because of what they said were the dangers the products pose to young people and the public.
Lt. Chuck Bradford of the Trussville Police Department said officers purchased 12 consumable hemp products from nine vape stores and sent them for testing at a certified lab.
Bradford said all 12 exceeded Alabama’s legal limit of THC content for hemp-derived products.
Whitt’s bill would require manufacturers to get a certificate of analysis from a certified lab.
Some speakers said Whitt’s bill did not go far enough. Becky Gerritson, executive director of the Eagle Forum of Alabama, said the products should be banned.
Whitt brought three products purchased at Alabama stores as examples of what he said were available and that helped make the case for more regulations.
They included Hulkamania Body Slam THC Gummies, Cycling Frog High Potency THC Iced Tea Lemonade, and a Strawberry Shortcake gummy pack.
Whitt said his bill would require the ABC Board to approve product labels and that gummies would have to be individually wrapped in child-proof packages.
“And no more of these products disguised as suckers, Airheads, Doritos, brownies, and all these other things they put this product in to sell to our kids,” Whitt said.
This bill would impose an excise tax on the gross sales of consumable hemp products sold to retailers and calls for distribution of tax proceeds to the State General Fund, counties, and municipalities.
Rep. Paul Lee, R-Dothan, chair of the Health Committee, said the panel would vote on the bill next week.
Whitt said he is optimistic that his bill can pass.
Current law prohibits sales to minors, but the products are otherwise unregulated. Read More
