Alabama's new THC rules start July 1
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Starting July 1, it'll be illegal in Alabama to sell or possess any smokable hemp product, including vapes. Illustration: Maura Losch/Axios
All smokable hemp products are now illegal in Alabama, as key parts of House Bill 445 take effect. Other provisions, including licensing for sellers and manufacturers, start Jan. 1, 2026.
Why it matters: The hemp industry is about to change drastically in Alabama, affecting businesses that sell and folks who use hemp-derived compounds like delta-8 THC or CBD either medicinally or recreationally.
Yes, but: A lawsuit brought June 26 by a handful of hemp companies asked the court to block the law's enforcement.
- Mellow Fellow Fun, Tasty Haze, Humble Hemp Shack and Seedless Green named Gov. Kay Ivey and Attorney General Steve Marshall in the suit, which said the bill is unconstitutional.
Catch up quick: A judge denied the companies' request to block part of the law after a hearing Monday afternoon, AL.com reports.
Zoom in: The lawsuit said the industry welcomes some parts of HB 445, like labeling requirements, but in banning smokable products like Delta-9, it overstepped federal law established in the 2018 Farm Bill.
- It argued that the bill's "definitions are so vague, it's impossible to tell whether a particular product is included in the statewide bans," which would "open the door for arbitrary enforcement."
- Axios reached out to Ivey and Marshall's offices for comment, as well as the lawyers for the plaintiffs.
Introduced by District 6 state Rep. Andy Whitt (R-Harvest), the new law:
🚫 Prohibits all smokable hemp products, including vapes.
💰 Establishes a 10% excise tax on retail sales of consumable hemp products.
🫙 Limits THC amounts to 10mg per serving, 40mg per container.
🏷️ Establishes lab analysis and labeling requirements, prohibiting anything aimed at children.
🪪 Requires manufacturers, distributors and retailers to obtain licenses from the state Alcoholic Beverage Control (ABC) Board.
📦 Prohibits online sales, delivery, vending machines and drive-thrus.
🚔 Sets $1,000-$10,000 fines, as well as potential felony charges, for violations.
What they're saying: "If this bill is signed and put into law, it's going to be putting a lot of small businesses out of business," Carmelo Parasiliti, founder and CEO of Green Acres Organic Pharms, told the Alabama Reflector in May.
- Calling it "Alabama's first comprehensive legislation regulating hemp products" in an op-ed published in the Alabama Political Reporter, Whitt said he introduced the legislation to address "rising concerns with youth exposure to these products" with "reasonable guardrails, not extremes."
Zoom out: It's not only an Alabama concern. Lawmakers in North Carolina, Texas and Georgia introduced bills moving to regulate hemp products, and Tennessee and Louisiana have laws set to take effect this year or at the start of 2026.