As reported in the article by Alex Jobin in the Alabama Political Reporter, after Gov. Kay Ivey signed House Bill 445 — the bill setting major restrictions on Alabama’s hemp and CBD industry — into law in May, confusion arose over exactly when the bill’s provisions, specifically its ban on the sale and possession of smokable hemp products, would go into effect.

HB445, which takes effect July 1, will ban the sale and possession of all smokable hemp products and high-potency gummies, two of the industry’s biggest sellers, which was confirmed this week by William Califf, spokesperson for Attorney General Steve Marshall.

As reported by Mike Cason at AL.com, HB445 puts the hemp-derived products and retailers under regulation by the Alabama Alcoholic Beverage Control Board, imposing a 10% tax, banning some items, and setting up new requirements for packaging, labeling, and testing, as well as civil and criminal penalties for violations. Likewise online sales into or out of Alabama and direct home shipments will be banned.

No official enforcement guidance has been issued yet by the Alabama Alcoholic Beverage Control Board or the AG’s Office, but authorities say businesses should remove any affected products before July 1 to avoid legal consequences.

We will continue to monitor the developments in Alabama including potential litigation challenging HB 445.