HB8 Restricts Vape Sales Locations, HB445 Curbs Consumable Hemp/THC Access
The Alabama Legislature has approved two major bills aimed at significantly tightening regulations around the sale and accessibility of both nicotine vaping products and consumable THC products like delta-8. House Bill 8 (HB8) targets vapes, while House Bill 445 (HB445) focuses on hemp-derived THC items. Both bills, which raise the minimum age for use to 21, now await Governor Kay Ivey’s signature.
House Speaker Nathaniel Ledbetter praised the measures, stating, “Trying to protect the youth of our state is important, and I think the measures that were taken today with those bills did that.”
HB8: Stricter Vape Sales and Youth Protection
Sponsored by Rep. Barbara Drummond (D-Mobile), HB8 introduces several key changes to vape regulation. It largely prohibits self-service or vending machine sales of vape products in areas accessible to minors. A crucial Senate amendment restricts convenience stores to selling only those vape products that have received U.S. Food and Drug Administration (FDA) approval. All other non-FDA approved vape products must be sold exclusively in establishments limited to customers aged 21 and over, such as dedicated vape shops.
The bill also increases penalties for retailers violating these rules, with fines up to $5,000 for a first offense of selling to an underage individual, and up to $20,000 and license revocation for a third infraction. Conversely, penalties for minors caught using vapes are reduced, with an emphasis on education programs funded by new vendor permit fees. Rep. Drummond called the bill “monumental,” citing tragic incidents involving youth and laced vapes as a driving force.
HB445: Regulating Consumable Hemp/THC Products
Championed by Rep. Andy Whitt (R-Harvest), HB445 addresses the “wild west” environment surrounding consumable hemp-derived THC products that emerged after the 2018 Farm Bill. This bill prohibits the sale of these products to individuals under 21, sets THC limits (10mg per serving after a Senate amendment), and imposes a 10% sales tax.
Significantly, HB445 limits the availability of these THC products primarily to specialty shops and requires retailers to obtain a specific license. While a Senate amendment allows sales in large grocery stores (over 14,000 sq ft), they must be in dedicated areas. Violations carry strict civil and criminal penalties, including fines up to $20,000 and potential Class C felony charges. Rep. Whitt stated the bill aims to reel in “illegal elements” and protect students.
Despite some concerns voiced by legislators like Rep. Napoleon Bracy about limiting options for “morally responsible Alabama citizens,” both bills ultimately passed with bipartisan support, signaling a significant tightening of regulations for both vaping and hemp-derived THC products in Alabama.
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