Alabama House Bill HB219

Alabama 2023 Regular Session

• Introduced: 3/23/23
• Refer: 3/23/23
• Report Pass: 4/12/23

Caption

Relating to cannabis; to prohibit the sale, distribution, marketing, or possession of psychoactive cannabinoids found in hemp for certain age groups; to levy a five percent tax on the gross proceeds of products containing psychoactive cannabinoids sold at retail; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Impact

The bill also stipulates a five percent tax on the gross proceeds from the retail sale of products containing psychoactive cannabinoids. Beginning October 1, 2023, this tax aims to generate state revenue while simultaneously regulating the market for these products. By imposing a tax, the legislation seeks to formalize the sale of these items, creating a responsible framework for their distribution while hoping to curb illicit sales and consumption among younger individuals.

Summary

House Bill 219 aims to regulate the sale, distribution, marketing, and possession of psychoactive cannabinoids derived from hemp, specifically targeting individuals under the age of 21. This bill introduces a prohibition against such activities for this age group and classifies any violations as a Class B misdemeanor, thereby establishing legal repercussions for those who infringe on the new regulation. The intent of the bill is to protect younger populations from the potential adverse effects of these substances.

Contention

While the bill demonstrates a clear stance on the use of psychoactive cannabinoids, it may spark debate regarding its implications for local governments. Critics might argue that the requirement for local funds to manage the taxation and enforcement aspects could strain local resources, especially if municipalities are not adequately prepared for the financial implications of the new mandate. Additionally, the exclusion from certain requirements regarding local governmental approval raises questions about the appropriate legislative process for enacting such significant changes in cannabis regulation.