In the midst of a growing battle over hemp-infused products in Alabama, Roger and Amy Crawford seized a rare opportunity to speak out against looming legislation that could threaten their livelihood.
But rather than stepping into the halls of Montgomery, where state lawmakers are debating the fate of THC-infused beverages, the owners of nine CBD wellness stores in Alabama and Arkansas found themselves in the much smaller setting of the Orange Beach City Council chambers—nearly 200 miles south of the state capital.
The couple hoped to sway city officials who are considering a ban on hemp-derived drinks.
With a packed house of council members listening intently Tuesday, Amy Crawford took the chance to clarify misconceptions and stress the legitimacy of their THC seltzers. “THC seltzers is a sparkling beverage infused with hemp extract,” she explained, emphasizing, “We cannot sell anything that is marijuana related. We can only sell hemp that is legal.”
The Crawfords’ fight for their products isn’t just about local ordinances but appears to be a broader struggle playing out across Alabama and country as state lawmakers grapple with the challenges of regulating hemp-derived products in the wake of the 2018 Farm Bill.
But while they sought a fair hearing for their products, the couple faces uncertainty as Alabama lawmakers work to strike a balance between regulation, safety, and their desire for a piece of the growing hemp industry pie.
The Crawfords tried to show the potential of their business while in Orange Beach.
“THC seltzers are a favorable way to enjoy THC,” Amy Crawford told the council. “It’s a hangover free alternative to alcohol. Many are turning to the seltzers to unwind. There is no dreaded morning-after headache or the extra calories from a night of drinking.”
Legislative activity
In Montgomery, Sen. Tim Melson, R-Florence, is weighing how far to push regulations without stifling small businesses.
Melson’s Senate Health Committee is expected to review a new proposal this week, though it’s unclear how a final bill outlining the regulations might look.
The focus will be on an amended version of SB132. The legislation adds sweeping regulations to the federally legal hemp industry in Alabama. Initially, it would have banned hemp-derived THC products from being sold in the state including beverages. Under that version psychoactive cannabinoids would be classified as a Schedule I controlled substances, similar to LSD or heroin.
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The newer version heavily regulates beverages and other hemp-infused products like vapes, gummies, and sodas. The regulations come as concerns about quality, availability to underage youths and overdoses mount nationwide.
Melson’s revised bill would keep products like Delta-8, Delta-9, and Delta-10 legal, but tax them an additional 6% on top of state and local sales tax. The Alcoholic Beverage Control Board would regulate hemp-infused beverages and manage annual licenses to retailers and wholesalers. The legislation also adds age limits of 21 and over to purchase the products and adds provisions to curtail marketing to youths.
“There are alternative bills that just bans them,” Melson said. “People want to sell these products and do it in their own way. But it has to be regulated and responsibly analyzed. We’re not trying to hurt small businesses, but we want it done responsibly.”
There is no public hearing scheduled for Wednesday’s meeting that would have given retailers and distributors an opportunity to weigh in. The Crawfords say the lack of a hearing is disturbing. Melson said a public hearing allowing speakers three minutes to provide statements isn’t going to matter.
“I understand they want to be heard,” Melson said. “The members of the committee know something has to be done in a responsible way.”
If the proposal passes the Senate, it will need approval in the House where Rep. Andy Whitt, R-Harvest, plans to take the issue up. He vows there will be a public hearing, saying it’s “crucial every voice is heard, including those with opposing views” over the introduction of state regulation to the industry.
“Like any parent, I want to protect our kids from dangerous, unregulated products that are slipping through the cracks,” Whitt said. “Right now, these products go untested and unchecked, and authorities have no real power to stop the harm they are causing. Convenience stores are not pharmacies, and we need to make sure they aren’t treated like one.”
States take action
Alabama’s legislative action comes as other states also grapple with regulating hemp products.
Lawmakers in more than two dozen states, including Alabama, have considered bills within the past year to ban synthetic hemp products like Delta-8 or impose age limits and other restrictions.
Outright bans could face legal challenges, as THC drinks and other hemp products that meet the 2018 Farm Bill guidelines are federally legal.
THC-infused beverages are made using hemp-derived THC, typically Delta-9, but in small amounts, under 0.3%. They are already being sold in grocery stores and retail outlets throughout Alabama.
While states can regulate hemp products, outright bans have faced legal challenges. In 2023, Arkansas lawmakers banned Delta-8, Delta-9, and Delta-10, but a federal judge overturned the law, citing its vagueness and conflict with the 2018 Farm Bill.
Some legal scrutiny has withstood challenges. In Wyoming, a federal judge dismissed last August a lawsuit challenging a state ban outlawing “marijuana substitutes” like Delta-8.
Amy and Roger Crawford – operators of CBD wellness stores in Orange Beach, Birmingham, Trussville, Hoover, Montgomery, Northport, Huntsville, as well as two locations in Arkansas – are rooting for regulation and were hopeful the streamlined, 4-page SB182 would have advanced.
The bill would have banned THC beverages, except those allowed under Alabama’s 2021 medical marijuana law, which has yet to be fully implemented. The Crawfords only concern with the bill was a requirement for child-proof containers.
Roger Crawford told Orange Beach city officials on Tuesday his store does not sell Delta-10 or any other synthetic product. Synthetic cannabinoids like Delta-8, Delta-9, and Delta-10 are often sold with less oversight, which has fueled concerns over safety. THC-infused beverages are typically more regulated in other states and are subject to testing and labeling requirements.
The beverage are generally more regulated in states with legalized marijuana. Twenty-three states and the District of Columbia have legalized recreational marijuana use for people ages 21 and over. Alabama is not one of them, and there is no push for legalized marijuana during this spring’s legislative session.
Concerns
Amy Crawford said her biggest concern with the revised SB132 is that she believes it’s an “ABC bill” aimed at generating revenue for the state.
The 6% sales tax would be distributed as follows, according to the latest proposal: 65% to the General Fund, 10% to the ABC board, 15% split equally to the ABC board and the Alabama State Law Enforcement Agency, and 10% to the city or county where the beverage is sold.
A spokesperson with ABC said the agency was waiting until the outcome of the committee process before commenting.
The legislation also gives cities like Orange Beach the ability to ban the products.
The Crawfords are asking Orange Beach city officials to exclude beverages from a city ban. Orange Beach officials said they will have to consider the issue further, citing a desire to maintain a “family-friendly” beach community.
For now, Amy Crawford said she was simply happy to have an opportunity to speak before elected officials over proposed regulations affecting her business. She said she hasn’t had that opportunity in six years and is wondering if she will get that in Montgomery.
“It’s really disappointing to us,” she said. “We’re the experts in this field. It’s really frustrating not to have a seat at the table when it’s our livelihood.”
State bill aims to address concerns over THC-infused beverages while avoiding potential legal challenges Read More
