Is CBG / CBDA / CBGA (hemp-derived) Legal in Alabama? (2026)

Instrument

Ala. Code 28-12-2, 28-12-40, 28-12-48, 28-12-49, 28-12-60 (Act 2025 HB445)

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-10-08

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§28-12-2 Definitions As used in this chapter, the following terms have the following meanings: (1) BATCH. A specific quantity of a specific product containing cannabinoids that: (i) is manufactured at the same time and using the same methods, equipment, and ingredients that are uniform and intended to meet specifications for identity, strength, purity, and composition; and (ii) is manufactured, packaged, and labeled according to a single batch production record executed and documented. (2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp. (3) CARTON. The package or container or containers in which consumable hemp products are originally packaged for shipment to market by the processor. (4) CERTIFICATE OF ANALYSIS. A document issued by an independent testing laboratory that provides information about the chemical composition of a particular batch of consumable hemp product. (5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration. b. The term excludes both of the following, which are strictly prohibited in the state: 1. Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not. 2. Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change. (6) CONSUMPTION. Ingesting or topically applying to skin or hair. (7) CONTAINER. The bottle, can, bag, or other receptacle, excluding cartons, in which consumable hemp products are originally packaged for the market by the producer and from which the consumable hemp product is consumed by the public. (8) CONTAMINANT. A foreign substance or compound that, if ingested, inhaled, or absorbed, may have an adverse effect on the health of a human or animal. The term includes, but is not limited to, heavy metals, pesticide residuals, residual solvents, or processing chemicals, and any other substance or compound that the Alabama Department of Public Health determines, if ingested, inhaled, or absorbed, could have an adverse effect on the health of a human or animal. (9) DISQUALIFYING OFFENSE. Any crime against children, cruelty to animals, human trafficking, any crime involving controlled substances, sex offenses, or any crime of violence. (10) DISTRIBUTOR. A person that distributes consumable hemp products to retailers. (11) HEMP. The term as defined in Section 2-8-381. (12) INDEPENDENT TESTING LABORATORY. A laboratory that meets the requirements of Section 28-12-21. (13) PRODUCER. An entity that produces and packages a consumable hemp product that is distributed within or into the state or sold to retailers in this state. (14) RETAILER. A person located in this state and licensed by the board which sells consumable hemp products at retail in this state. (15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol. (16) UNLAWFUL HEMP PRODUCT. Any product that is: a. Specifically excluded from the definition of consumable hemp product; b. Distributed or sold at retail in violation of Section 28-12-20; c. Sold or offered for sale to a consumer in this state at an unlicensed location; or d. Shipped or distributed directly to a consumer in violation of Section 28-12-60. §28-12-3 (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 shall adopt rules as necessary to implement this chapter. (b) Any consumable hemp product distributed, sold, or offered for sale to consumers in this state in violation of this chapter shall be considered contraband and may be seized by the board or its agents or any law enforcement officer of the state without a warrant.

§28-12-60 Direct Shipment Prohibited; Penalties (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 retailer of consumable hemp products directly to an Alabama resident. (b) A first violation of subsection (a) is a Class A misdemeanor. (c) A second or subsequent violation of subsection (a) is a Class C felony. §28-12-61 Sale or Possession of Unlawful Hemp Products; Penalties (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.

§28-12-40 Retailer Licenses (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. [...] §28-12-48 Selling to Minors; Penalties (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. (2) A valid United States Uniformed Service Identification card. (3) A valid passport. (4) A valid identification card issued by any agency of a state for the purpose of identification, bearing a photograph and date of birth of the individual in question. (b) The board shall levy a penalty against any person, retailer licensee, or servant, agent, or employee of the retailer who sells, attempts to sell, delivers, furnishes, or gives away a consumable hemp product to an individual under 21 years of age as follows: (1) For a first offense within a four-year period, suspension of the license for 90 days and a fine of five thousand dollars ($5,000) earmarked for the State General Fund. (2) For a second offense within a four-year period, suspension of the license for 180 days and a fine of ten thousand dollars ($10,000) earmarked for the State General Fund. (3) For a third offense within a four-year period, revocation of the license and any other license issued by the board under this title and a fine of twenty thousand dollars ($20,000) earmarked for the State General Fund. In addition, the board may impose a fine of up to twenty thousand dollars ($20,000) against any officer or any individual who has any proprietary or financial interest of 10 percent or more in the licensed retailer, and the board may not issue any license authorized under this title to the retailer or any affiliate of the retailer at any location in the state for a period of 36 months. In addition, the board shall not issue any license or permit under this title until the expiration of one year from the date the license or licenses are revoked at the location where the violation occurred. §28-12-49 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 to use a false, forged, deceptive, or otherwise nongenuine driver license to obtain or attempt to obtain a consumable hemp product in this state, shall be subject to the same penalties as provided in Section 28-3A-25 for underage drinking.

Instrument

Consumable hemp products

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-10-07

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Section 1. Chapter 12 is added to Title 28, Code of Alabama 1975, to read as follows: Article 1. General Provisions. Sec 28-12-1 Purpose. (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 standards. It is the intent of the Legislature to subject all consumable hemp products available for sale in this state to be tested and labeled in accordance with strict standards and to prohibit the sale of these products to individuals under 21 years of age. (b) Nothing contained in this chapter relates to medical cannabis regulated under Chapter 2A of Title 20. (c) Nothing in this chapter shall be construed in a manner that affects or impedes any activity relating to hemp which is regulated by the Department of Agriculture and Industries. (d) Any federal law enacted after July 1, 2025, that conflicts with a provision this chapter shall supersede the conflicting provision of this chapter. Sec 28-12-2 Definitions. As used in this chapter: (1) BATCH. A specific quantity of a specific product containing cannabinoids that is manufactured at the same time using uniform methods, equipment, and ingredients, and manufactured, packaged, and labeled according to a single batch production record. (2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp. (3) CARTON. The package or container(s) in which consumable hemp products are originally packaged for shipment to market by the processor. (4) CERTIFICATE OF ANALYSIS. A document issued by an independent testing laboratory that provides information about the chemical composition of a particular batch of consumable hemp product. (5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration. b. The term excludes both of the following, which are strictly prohibited in the state: 1. Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not. 2. Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change. (6) CONSUMPTION. Ingesting or topically applying to skin or hair. (7) CONTAINER. The bottle, can, bag, or other receptacle, excluding cartons, in which consumable hemp products are originally packaged for the market by the producer and from which the consumable hemp product is consumed by the public. (11) HEMP. The term as defined in Section 2-8-381. (15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol. Sec 28-12-3. (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 shall adopt rules as necessary to implement this chapter. (b) Any consumable hemp product distributed, sold, or offered for sale to consumers in this state in violation of this chapter shall be considered contraband and may be seized by the board or its agents or any law enforcement officer of the state without a warrant. Article 2. Consumable Hemp Products. Sec 28-12-20 Generally. (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; (2) Is in the original sealed container as packaged by the producer; (3) Meets the serving size and product content requirements, including total THC, described in Section 28-12-23; and (4) Meets the labeling requirements described in Section 28-12-25. Sec 28-12-23 Consumable Hemp Product Contents. (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 product may not contain more than 40 milligrams of total THC. (3) All edible consumable hemp products shall be individually wrapped in single serve packaging. One carton may not contain more than 40 milligrams of total THC. (4) A beverage serving size may not exceed 12 fluid ounces or 355 milliliters. One carton may not contain more than four 12-ounce containers. (b) A consumable hemp product may not contain alcohol, other than as a flavoring agent, or any other intoxicating compound other than cannabinoids. Article 3. Retailers and Retailer Licenses. Sec 28-12-40 Retailer Licenses. (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. Sec 28-12-45 Guidelines on Retail Establishments. (a) Other than pharmacies selling topical or sublingual consumable hemp products pursuant to subsection (b) and retail food stores selling beverage consumable hemp products pursuant to subsection (c), all retailer establishments must be restricted so that only those individuals 21 years of age or older are permitted to enter and the establishment has its own dedicated public entrance. Except as provided in subsection (b), the board shall only issue retailer licenses to persons: (1) That have a valid retail liquor license from the board that authorizes off-premises consumption only; or (2) That only sell consumable hemp products. (b) Topical and sublingual consumable hemp products may be sold in a pharmacy licensed by the Alabama State Board of Pharmacy, provided the pharmacy obtains a consumable hemp product retailer license. (c)(1) Consumable hemp products that are beverages may be sold in a retail food store, provided the retail food store obtains a consumable hemp product retailer license and complies with this chapter. Consumable hemp product beverages sold in a retail food store must be kept in an area that is separated from nonalcoholic beverages or beverages intended for children, behind glass, and demarcated by a sign indicating that the beverages contain hemp-derived compounds. Article 4. Violations and Enforcement. Sec 28-12-60 Direct Shipment Prohibited; Penalties. (a) Online sales, direct delivery, drive-through sales, and direct shipments of consumable hemp products within or into this state are strictly prohibited. Sec 28-12-61 Sale or Possession of Unlawful Hemp Products; Penalties. (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. Section 2. Section 13A-12-214.4, Code of Alabama 1975, relating to the sale of psychoactive cannabinoids, is repealed. Section 3. This act shall become effective on July 1, 2025.

Instrument

Definition of unlawful hemp product; prohibition and Class C felony penalty for excluded products

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-07-02

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(16) UNLAWFUL HEMP PRODUCT. Any product that is:
a. Specifically excluded from the definition of consumable hemp product;
b. Distributed or sold at retail in violation of Section 28-12-20;
c. Sold or offered for sale to a consumer in this state at an unlicensed location; or
d. Shipped or distributed directly to a consumer in violation of Section 28-12-60.

Sec. 28-12-61 Sale or Possession of Unlawful Hemp Products; Penalties
(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.

Instrument

Definitions of cannabinoids, hemp, and THC (statutory scope of regulated compounds)

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-07-02

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(2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp.
(11) HEMP. The term as defined in Section 2-8-381.
(15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol.

Instrument

Chapter 12 - Consumable Hemp Products: definitions and the synthetic/converted-cannabinoid prohibition

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-07-19

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Sec. 28-12-2 Definitions. As used in this chapter: (2) CANNABINOIDS. Includes cannabidiol (CBD) and any tetrahydrocannabinol (THC) derived from hemp. (5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration. b. The term excludes both of the following, which are strictly prohibited in the state: 1. Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not. 2. Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change. (6) CONSUMPTION. Ingesting or topically applying to skin or hair. (15) THC. Any tetrahydrocannabinol derived from hemp, including, but not limited to, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, or delta-10-tetrahydrocannabinol. Sec. 28-12-3(b): Any consumable hemp product distributed, sold, or offered for sale to consumers in this state in violation of this chapter shall be considered contraband and may be seized by the board or its agents or any law enforcement officer of the state without a warrant. Sec. 28-12-61 Sale or Possession of Unlawful Hemp Products; Penalties. (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.

Instrument

Definition of consumable hemp product; synthetic-cannabinoid and smokable-hemp exclusions

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-07-02

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(5) CONSUMABLE HEMP PRODUCT. a. A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration.
b. The term excludes both of the following, which are strictly prohibited in the state:
1. Any smokable hemp product. Smokable hemp products include, but are not limited to, any plant product or raw hemp material that is marketed to consumers as hemp cigarettes, hemp cigars, hemp joints, hemp buds, hemp flowers, hemp leaves, ground hemp flowers, or any variation of these terms to include any product that contains a cannabinoid, whether psychoactive or not.
2. Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials. This does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.

Instrument

Consumable hemp product contents (total-THC serving/container/carton caps; intoxicating-compound rule)

Source

https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2025RS/HB445-enr.pdf

Retrieved

2026-07-02

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(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 product may not contain more than 40 milligrams of total THC.
(3) All edible consumable hemp products shall be individually wrapped in single serve packaging. One carton may not contain more than 40 milligrams of total THC.
(4) A beverage serving size may not exceed 12 fluid ounces or 355 milliliters. One carton may not contain more than four 12-ounce containers.
(b) A consumable hemp product may not contain alcohol, other than as a flavoring agent, or any other intoxicating compound other than cannabinoids.