New Rules Proposed for Hemp Regulations in Alabama
Last week, the board of directors for Alabama’s Alcoholic Beverage Control (ABC) shared suggestions for new regulations tied to House Bill 445, a controversial hemp law approved during the 2025 legislative session. This board is tasked with enforcing the guidelines of HB445 and granting licenses for the legal sale of hemp products throughout the state.
Among the proposed changes are stricter recordkeeping requirements for hemp retailers, detailed labeling regulations, enhanced restrictions on additives in hemp products, specific licensing guidelines, and the formation of a “hearing committee” to resolve disputes involving licensees and applicants.
For recordkeeping, the ABC Board aims to have retailers monitor all consumable products they receive monthly. Additionally, retailers must provide a thorough sales receipt for all transactions involving consumable hemp products. If sales occur infrequently, a “Zero Activity Report” must be submitted for those months when no consumable hemp products are sold.
Changes are also suggested regarding the regulation of additives in the packaging used for consumable hemp products. The board’s proposal echoes language from HB445, stating, “consumable hemp products do not contain intoxicating substances other than cannabinoids or intoxicating additives.” It emphasizes that “edible hemp products are individually wrapped in a single serve package” and that “each single serve package must not exceed 10 milligrams of total THC.”
However, the board’s proposed regulations introduce a new packaging limit that isn’t present in HB445, stipulating that edible cartons must not contain more than 40 milligrams of total THC and that consumable drinks should have one or more servings within a single container. For hemp drink servings, the proposal specifies they shouldn’t exceed 12 fluid ounces or 355 milliliters.
Furthermore, packaging for consumable hemp drinks in non-child-resistant containers is prohibited. This makes it illegal for retailers to sell hemp beverages in pop-top cans or standard bottles with screw or sports caps.
The ABC Committee is also looking to define “smoking-able” hemp products, which are expressly prohibited by HB445. The proposal clarifies what qualifies as such, detailing products that are heated to produce smoke or vapor for inhalation.
Additionally, the new rules enforce specific labeling to ensure that retailers cannot sell their products to minors. The proposed regulations ban any imagery that might attract young audiences, including characters from comics, video games, or movies. Labels that mimic products often marketed to children, like cereals or candies, are also not allowed.
Interestingly, the guidelines extend to images of office supplies like backpacks, pens, and markers, classifying them as forbidden under this new regulation.
Manufacturers will need to obtain approval for their labels from the ABC Board before any consumable hemp products are sold, shipped, or distributed in Alabama. Products with improper labels could be seized by the ABC Board.
Moreover, grocery stores licensed to sell consumable hemp will face additional regulations due to the updated rules. HB445 simply requires that these products be stored behind glass, separate from non-alcoholic drinks. However, the ABC’s regulations will demand that consumable hemp beverages remain out of sight from areas intended for children.
To address disputes regarding license applications, fees, and appeals, the ABC Board has proposed creating a dedicated “hearing committee.” This committee would consist of at least three members appointed by the ABC Committee, including an administrator, and will convene monthly to review license applications, suspend or revoke licenses, and impose fines if necessary. Licensees and applicants will have the right to appeal the committee’s decisions to the ABC Board, which will have the final authority on these matters.
Currently, the proposed rules from the ABC Board are open for public comment.