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Opinion | HB445 and the nose-growing narratives

No matter which side you fall on, it seems as though someone is misleading you because they simply didn’t get their way on this bill.

THC Acronym In Marijuana Shake With Cannabis Leafs On White Background
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Last week, the Legislature was successful in passing House Bill 445, which is Alabama’s first comprehensive legislation regulating hemp products, such as gummies and drinks, since the federal farm bill legalized hemp-derived cannabis in 2018.

Like most bills, it resulted in compromise, as there were two very aggressive sides to the issue.

On one hand, you had the hemp industry, which, naturally, wasn’t a big fan of any kind of additional regulatory measures being placed upon its businesses.

On the other hand, you had the abolitionist crowd, which wanted these products out of Alabama entirely and pushed hard for an all-out ban.

Now that the bill has been passed and awaits Gov. Kay Ivey’ signature, I’m getting some not-so-polite feedback from both crowds.

The hemp industry’s customers are under the impression that I’ve taken their drug of choice or preferred medication away from them.

The abolitionist crowd is now accusing me of “legalizing recreational marijuana in the state of Alabama.”

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I ask that you take a second and reflect upon the absolute absurdity of this situation.

No matter which side you fall on, it seems as though someone is misleading you because they simply didn’t get their way on this bill.

Let me say that again – special interests did not get their way on this bill, and now, their feelings are hurt.

Here’s the truth:

HB445 neither bans all hemp-derived THC products, nor does it legalize recreational marijuana. What it does is introduce commonsense controls on substances that are already federally legal.

  • Smokable and vaporized products will no longer be legal.
  • Ingestible products, like gummies and seltzers, remain legal but are capped at 10mg of THC per serving.
  • Sales are restricted to specialty stores accessible only to those 21 and older.
  • Hemp seltzers can be sold in grocery stores over 14,000 sq. ft., but only from employee-accessed storage — just like cigarettes.

What is disappointing, but ultimately not surprising, is that Stephanie Smith, the self-proclaimed “conservative thought leader of Alabama,” has come out against this bill and levied an attack on my integrity, comprised of verifiably false statements.

Last Friday, she claimed that as a result of HB445, “Alabama laws on recreational marijuana are now equal to or more lenient than Colorado drug laws.”

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Even Pinocchio is impressed with that one…

I’ve spoken with parents, teachers, school leaders, and even the Alabama Poison Information Center about rising concerns with youth exposure to these products.

My goal was to address those issues with reasonable guardrails, not extremes.

Is this legislation perfect? Probably not, but it puts our state in a much better position than it was before.

Whichever side you are on, I implore you to not listen to those with ulterior motives and to take a few minutes to read the bill, judge it for yourself, and ignore those with wounded egos and political agendas.

State Rep. Andy Whitt represents Alabama House District 6.

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