Title 28 — Title 28

(a) The purpose of this chapter is to protect the health and safety of Alabama residents from consumable products, often marketed toward children, that purportedly contain hemp-derived compounds. Many of these products have not been tested nor do they meet quality and safety stan…

As used in this chapter, the following terms have the following meanings: (1) BATCH. A specific quantity of a specific product containing cannabinoids which: (i) is manufactured at the same time and using the same methods, equipment, and ingredients that are uniform and intended …

(a) On and after January 1, 2026, no consumable hemp product may be distributed into or within the state, nor offered for sale or sold at retail within the state, unless the product: (1) Has a corresponding certificate of analysis described in Section 28-12-22 issued by an indepe…

In order to protect the health, safety, and welfare of the residents of this state from dangerous foreign products, an independent testing laboratory must meet all of the following requirements: (1) Is accredited by a third-party accrediting body as a competent testing laboratory…

(a) The protocols for testing a consumable hemp product by an independent testing laboratory shall include the following, as well as a determination of corresponding tolerance limits: (1) Cannabinoid content and potency, including, but not limited to, all of the following: a. Tot…

(a)(1) For a beverage or any edible product, one serving size of a consumable hemp product may not contain more than 10 milligrams of total THC. (2) For any topical, sublingual, or other consumable hemp product not addressed in subdivision (1), one container of a consumable hemp …

The packaging of consumable hemp products: (1) May not bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) May not be modeled after a brand of products primarily consumed by or marketed to childre…

Each container of a consumable hemp product must be labeled to include, at a minimum: (1) A list of all ingredients in descending order of predominance; (2) A scannable barcode or quick response code linked to the certificate of analysis; (3) The manufacture date and expiration d…

Contraband. (a) Effective January 1, 2026, consumable hemp products distributed into or within the state and offered for sale and sold to consumers in this state shall be governed by this chapter. The Alcoholic Beverage Control Board shall administer and enforce this chapter and …

(a) The Consumable Hemp Product Compliance Fund is created within the State Treasury and shall be administered by the board. All filing fees, annual license fees, and label approval fees collected under this chapter shall be deposited into the fund. Amounts deposited into the fun…

(a) Effective January 1, 2026, consumable hemp products may only be sold in this state by retailers licensed by the board in accordance with this article to adults 21 years of age or older. (b) The board may not issue a license under this article unless the local governing body o…

(a) A retailer license shall be renewed annually upon the filing of an application and payment of the applicable license fee. A licensee must file a renewal application, as prescribed by the board, by rule, by August 1 annually. (b) A license may be renewed without penalty during…

The board may suspend or revoke a license in accordance with Section 28-3A-24 or 28-3A-26; provided, however, the board may suspend a license without a hearing in situations of imminent danger to the public or for purposes of protecting the public welfare, peace, safety, and heal…

(a) A licensee shall keep and preserve all records, including invoices, canceled checks, and other documentation relating to the purchase, sale, exchange, or receipt of all consumable hemp products for a period of three years. This includes the applicable certificates of analysis…

(a) Effective January 1, 2026, any person who sells, attempts to sell, furnishes, provides, or gives away a consumable hemp product without a license shall be subject to the following penalties: (1) For a first offense, the board shall levy a civil penalty of five thousand dollar…

[Effective until October 1, 2026.] AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Other than pharmacies selling topical or sublingual consumable hemp products pursuant to subsection (b) and retail food stores selling beverage consumable hemp…

(a) A retailer may not sell any consumable hemp product for consumption on the licensed premises or conduct any tastings for customers. (b) Consumable hemp products may not be sold using a vending machine or other self-service display and payment system. (c) An individual under 2…

A retailer shall submit to the board, on the last day of the month following the month of receipt or sale, a consolidated report of all receipts and sales of all consumable hemp products made to customers during the preceding month and any other information relevant to the retail…

(a) Prior to initiating a sale or otherwise providing consumable hemp products to a customer, an employee of a retailer must verify that the customer is at least 21 years of age. Proof of age may be established only by one of the following: (1) A valid driver license of any state…

Underage Individuals. Except as authorized under Section 28-12-46(c) for retailer employees, any individual under 21 years of age who attempts to purchase, purchases, consumes, possesses, or transports consumable hemp products within this state, or who knowingly uses or attempts …

(a) An excise tax at the rate of 10 percent is levied on the retail sales price of consumable hemp products. The tax is in addition to any other tax imposed by federal, state, or local law. (b) The tax levied by this section is intended to be passed on to and borne by the purchas…

(a) Online sales, direct delivery, drive-through sales, and direct shipments of consumable hemp products within or into this state are strictly prohibited. For purposes of this section, “direct shipment” means the shipment of any consumable hemp product from any producer or retai…

(a) The sale or possession of a hemp product specifically excluded from the definition of a consumable hemp product is strictly prohibited. (b) A violation of subsection (a) is a Class C felony. History: (Act 2025-385, §1.)

(a) Unlawful hemp products shall be considered contraband and may be seized by the board or its agents or by any law enforcement officer of the state without a warrant. (b) Any consumable hemp products or unlawful hemp products that are kept, stored, or deposited in any place in …