September 1, 2025

Alabama’s 2025 Hemp Shake‑Up: Felony Ban on Smokable Hemp, 10 mg Serving Caps, and What Retailers Can Still Sell

Alabama’s 2025 Hemp Shake‑Up: Felony Ban on Smokable Hemp, 10 mg Serving Caps, and What Retailers Can Still Sell

Effective July 1, 2025, Alabama’s hemp market has changed dramatically. Sweeping new regulations have made the sale and possession of smokable and inhalable hemp products, including vapes and raw flower, a Class C felony offense. Meanwhile, select ingestible formats are permitted—but only if they comply with strict potency, packaging, and retail requirements. For compliance officers, retailers, and multi-state operators, understanding the language and enforcement realities of Alabama hemp law 2025 is now urgent business.

Understanding Alabama’s 2025 Hemp Law: HB 445

House Bill 445 (HB 445), signed earlier this year, overhauled regulations on hemp-derived cannabinoids like delta-8, delta-9, and THCa. The law’s intent is clear: tighten access to psychoactive hemp derivatives while preserving a regulated edible market for adults. Central provisions include:

  • Total ban on smokable/inhalable hemp (flower, pre-rolls, vapes, cartridges, cigars, e-liquids, and similar)
  • Strict THC caps for legal edibles and beverages (10 mg THC per serving, 40 mg per package for edibles)
  • Stringent retail controls, labeling, and testing requirements
  • Age-21 sales restriction on all consumable hemp
  • Felony-level penalties for violations, starting July 1, 2025

Official reference: Full text of HB 445 (PDF)

What’s Now Banned in Alabama’s Hemp Market

Effective July 1, retailers may not sell, and consumers may not possess, any smokable or inhalable hemp product. This expressly includes:

  • Hemp flower (loose, pre-rolled, infused, etc.)
  • Hemp-derived vaporizer oils/cartridges
  • Pre-rolled hemp cigarettes or cigars
  • Any inhalable product containing delta-8, delta-9, THC-O, or THCa

Possession, sale, or distribution of these items is now a Class C felony—including remaining inventory.

Multiple law enforcement advisories in early July highlighted the immediate risk. Many retailers were warned to clear shelves of banned products as of July 1 or face felony prosecution. More from Walton Law.

What Ingestible Products Are Still Legal?

Strictly regulated edibles and beverages are still permitted, under substantial restrictions:

  • 10 mg of total THC per serving is the cap (total THC includes delta-8, delta-9, and delta-10)
  • 40 mg THC per package (for edibles)
  • Must NOT be appealing to children in packaging, shape, or flavor
  • Age-21 minimum for purchase
  • No online sales or direct delivery to consumers

Labeling must clearly specify cannabinoid content per serving, and compliant products must have a clear certificate of analysis (COA) available for inspection.

What About THCa and Alternative Cannabinoids?

Alabama’s law appears to include the “total THC” standard—meaning THCa (the non-psychoactive precursor to THC, which becomes psychoactive when heated) is likely included in the potency cap for all consumable hemp products. If THCa is present in an inhalable form (flower, vapes), it’s banned outright. See WVTM 13 coverage.

Compliance Timeline and Immediate Action Items

Effective July 1, 2025

  • Remove all smokable/vape/flower SKUs from shelves and inventory
  • Discontinue any online/direct consumer sales of hemp products
  • Audit edible/beverage products for potency:
  • No more than 10 mg total THC per serving
  • No more than 40 mg total THC per package
  • Re-label products to specify cannabinoid content, serving size, and compliance with Alabama law
  • Verify COAs match packaged items and reference “total THC” (not just delta-9)
  • Update staff and website policies: 21+ only sales, age verification at point of sale
  • Monitor enforcement advisories: Review updates from Alabama Department of Health and local law enforcement

For Multi-State Operators & Brands

Do NOT ship any banned inhalable format to Alabama retailers or consumers. Noncompliance is a criminal (felony) offense as of July 1. Re-examine SKU catalogs and direct fulfillment/wholesale partners for Alabama channel compliance.

Age Restrictions, Licensing, and Retail Controls

Under HB 445:

  • Only licensed retailers may sell legal consumable hemp products
  • All packaging must clearly state intended for use by adults 21 and older
  • No product or marketing may contain cartoon imagery, mimic children’s snacks, or otherwise appeal to minors
  • Alabama Alcoholic Beverage Control Board is tasked with licensing, oversight, and enforcement
  • Excise tax applies to all consumable hemp sales

Retailers are responsible for ensuring all SKUs, packaging, and advertising fully comply with these rules.

Enforcement and Penalties: No Margin for Error

Penalties for remaining non-compliant are severe:

  • Sale or possession of banned smokable/inhalable products is a Class C felony
  • Illicit sales of ingestibles (e.g., exceeding THC limits, to minors, or via online order) can result in civil fines, license revocation, and criminal prosecution
  • Alabama authorities have signaled active enforcement beginning July 1, 2025, with early test-case prosecutions likely to set precedents

Uncertainty remains around certain enforcement details, such as precise testing methodologies and the status of high-THCa products marketed as “non-intoxicating.” Licensees should seek official guidance as cases develop.

Key Takeaways for Cannabis and Hemp Businesses

  • Inventory Triage: Assess and immediately remove all inhalable products, including any vapes, flower, or pre-rolls from shelves and storage for the Alabama market.
  • SKU Review: Ensure all edibles and beverages meet the 10 mg/serving, 40 mg/package total THC standard. Re-label as needed and confirm COA accuracy.
  • Training & Policy: Staff should be briefed on new age verification rules, felony risks, and customer education points. Clear signage is encouraged.
  • Legal Watch: Monitor updates from the Alabama ABC Board and Department of Health for regulations, guidance, or clarifications on test-case prosecutions, especially for complex SKUs.
  • Consumer Education: Communicate clearly to customers what products remain legal, why former SKUs are banned, and risks of noncompliance.

More Information and Compliance Resources

Alabama’s 2025 hemp shake-up poses real risks—but proactive compliance is possible. For detailed regulatory monitoring, inventory validation, and up-to-date compliance checklists tailored to the state’s shifting rules, visit CannabisRegulations.ai.

Stay informed, stay compliant, and protect your business as Alabama’s marketplace continues to evolve.