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New bill would ban Delta THC, remove legal framework for consumable hemp

Senator Tom Butler proposed classifying hemp-derived cannabinoids as Schedule I drugs, threatening small businesses that recently adapted to new state licensing requirements.

THC Acronym In Marijuana Shake With Cannabis Leafs On White Background
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The last few months have been a whirlwind for small business owners in the state that sell hemp-derived THC as they have sought to comply with strict new regulations and licensing requirements.

Many stores have just now reopened and regained their footing after new licensing requirements took effect in January. Many other stores have shuttered completely in the face of the new regulations.

Now another bill has been filed that could throw a further wrench in their business plans.

Senate Bill 321 by Senator Tom Butler, R-Huntsville, would ensure that hemp-derived psychoactive cannabinoids are classified as Schedule I drugs and repeal a law creating a legal framework for the sale of consumable hemp.

“New synthetic substances are being created which are not controlled under the provisions of existing state law but which have a potential for abuse similar to or greater than that for substances controlled under existing state law,” the bill states. “These new synthetic substances are called ‘synthetic controlled substances or synthetic controlled substance analogues’ and can be designed to produce a desired pharmacological effect and to evade the controlling statutory provisions. Synthetic controlled substances or synthetic controlled substance analogues are being manufactured, distributed, possessed, and used as substitutes for controlled substances.”

Butler did not respond to a request for comment Wednesday.

The Alabama Hemp and Vape Association is opposing the law, arguing it will further harm small business owners in the state and also force consumers to look to the underground market.

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“As written, SB321 would essentially ban most Delta THC products in Alabama while also removing the regulatory framework the state just put in place for consumable hemp products,” said Meghan Hardesty, president of the Alabama Hemp and Vape Association. “That would leave many licensed retailers who have been trying to comply with the new law — investing in licensing, testing, labeling, and inventory — without a legal path to continue selling those products. For small businesses, that could mean significant financial losses. For consumers, it removes access to regulated products sold through licensed retailers and pushes demand toward unregulated markets instead of keeping it within a controlled system.”

The bill is currently awaiting consideration in the Senate Healthcare Committee.

Jacob Holmes is a reporter. You can reach him at [email protected]

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