An Alabama senator has introduced a bill to ban intoxicating hemp products, such as delta-8 THC, making Alabama the latest state to seek to prohibit these substances.
Republican Senator Tim Melson introduced a bill last week to ban hemp-derived THC products like delta-8, delta-9, and delta-10 in Alabama.
The bill is currently awaiting action in the Senate Committee on Healthcare. If passed, the bill would classify these psychoactive cannabinoids as Schedule I controlled substances, and it would go into effect on October 1.
Cannabis is illegal for recreational use in Alabama, with first-time possession classified as a misdemeanor (up to 1 year in jail, $6,000 fine) and subsequent offenses as a felony (1–10 years, $15,000 fine). The use of medical cannabis was legalized in 2021.
This is one of two cannabinoid-related bills Senator Melson has filed this session. The other would shift some licensing authority from the Alabama Medical Cannabis Commission to a private entity to speed up medical marijuana licensing.
The Rise Of Intoxicating Hemp Products
Since the 2018 Farm Bill legalized hemp containing less than 0.2% THC, intoxicating hemp products and derivatives spread throughout the country.
As the Farm Bill didn’t regulate these new substances, businesses started to sell these products that have effects similar to adult-use cannabis.
These products have grown in popularity, mostly in states where cannabis remains illegal, and they are sold online and even at gas stations.
The value of this gray market is estimated to be about $28 billion.
However, several states have regulated or banned such products over the last few years.
States like California, Colorado, and New York, where adult-use cannabis is legal, have fully banned delta-8 THC products. Others, such as Connecticut, Louisiana, and Maryland, have regulated this product, while in other states, delta-8 THC and other intoxicating hemp products are legal but not regulated, according to data from the Marijuana Policy Project.
Last week, Missouri lawmakers passed two bills aimed at restricting intoxicating hemp products while making an exception for THC-infused beverages. The legislation would allow hemp-THC seltzers to stay on store shelves but prohibits the sale of intoxicating hemp edibles and vapes outside licensed adult-use cannabis dispensaries.
What Is The Future Of Hemp Intoxicating Products?
Hemp-derived products like delta-8 THC are not federally controlled since hemp contains less than 0.3% delta-9 THC, the main compound in recreational cannabis, which is currently under Schedule I of the Controlled Substances Act (CSA).
In September 2021, the Drug Enforcement Administration clarified this distinction in a letter to the Alabama Board of Pharmacy. In that letter, the DEA reiterated that cannabinoids derived from hemp containing no more than 0.3% delta-9 THC are not controlled under the CSA.
Meanwhile, the Food and Drug Administration issued warning letters to businesses selling delta-8 THC products over the years and stated that such products are not FDA-approved. In 2023, the DEA stated that products containing delta-8 THC-O and delta-9 THC-O, which are synthesized, were still illegal controlled substances.
In response to these concerns and the unregulated market at the federal level, Republican Representative Mary Miller of Illinois introduced last year an amendment to the upcoming Farm Bill that would close the loophole left by the 2018 Farm Bill.
The proposal would redefine hemp to exclude any products containing detectable levels of THC, whether naturally occurring or synthetically manufactured.
While some supporters of the amendment think the amendment provides much-needed clarity and proper recognition of hemp as a crop, others worry it could limit opportunities for farmers and businesses that have invested in hemp-derived products.