SB182INTRODUCED
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SB182
W6M8595-1
By Senator Shelnutt
RFD: Healthcare
First Read: 20-Feb-25
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5 W6M8595-1 02/19/2025 PMG (L)cr 2025-198
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First Read: 20-Feb-25
SYNOPSIS:
Certain psychoactive compounds, including
delta-8-tetrahydrocannabinol (delta-8 THC),
delta-9-tetrahydrocannabinol (Delta-9 THC), and
delta-10-tetrahydrocannabinol (delta-10 THC) can be
manufactured in concentrated amounts from hemp-derived
cannabidiol (CBD).
Under existing law, psychoactive cannabinoids
may not be sold to minors and must be located in an
area where minors cannot access the products.
This bill would prohibit the sale of any
beverage that contains any amount of psychoactive
cannabinoids, except as permitted under the medical
cannabis laws.
This bill would also provide that delta-9-THC is
specifically included in the definition of psychoactive
cannabinoids for purposes of the law.
A BILL
TO BE ENTITLED
AN ACT
Relating to cannabis; to add Section 13A-12-214.5 to
the Code of Alabama 1975; to prohibit the sale of any
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the Code of Alabama 1975; to prohibit the sale of any
beverages containing a psychoactive derivative of CBD, with
exceptions; to provide for criminal penalties; and to amend
Section 13A-12-214.4, Code of Alabama 1975, to specifically
add delta-9 THC to the definition of "psychoactive
cannabinoids."
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-214.4 is amended to read as
follows:
"§13A-12-214.4
(a) As used in this section, "psychoactive
cannabinoids" means cannabinoids derived from or found in hemp
as defined in Section 2-8-381, including, but not limited to,
delta-8-tetrahydrocannabinol , delta-9-tetrahydrocannabinol,
and delta-10-tetrahydrocannabinol.
(b) Except as provided in Chapter 2A of Title 20,
psychoactive cannabinoids shall not be sold, distributed, or
marketed to, or possessed by an individual who is under 21
years of age.
(c) Any psychoactive cannabinoids lawfully sold in this
state must be located in an area in which individuals under
the age of 21 years of age are not permitted access.
(d) Any person who sells, distributes, or markets
psychoactive cannabinoids to individuals under 21 years of age
shall be guilty of a Class B misdemeanor.
(e) Any individual under 21 years of age who is in
possession of psychoactive cannabinoids shall be issued a
citation similar to a uniform nontraffic citation and shall be
fined not less than fifty dollars ($50) nor more than two
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fined not less than fifty dollars ($50) nor more than two
hundred dollars ($200) for each violation or community service
in equal value of the fine and shall be assessed no other
court costs or fees. In addition, on a third or subsequent
conviction, including convictions in district court or
municipal court, the individual shall be issued a citation
similar to a uniform nontraffic citation and shall be fined
four hundred dollars ($400) for each violation or community
service in equal value of the fine.
(f) Any psychoactive cannabinoids sold in this state
shall be packaged in child-resistant containers."
Section 2. Section 13A-12-214.5 is added to the Code of
Alabama 1975, to read as follows:
§13A-12-214.5
(a) For purposes of this section, "psychoactive
cannabinoids" has the same meaning as defined in Section
13A-12-214.4.
(b) Notwithstanding Section 13A-12-214.4 and except as
provided in Chapter 2A of Title 20, no beverage containing any
amount of psychoactive cannabinoids may be lawfully sold in
this state.
(c) Any person who sells, distributes, or markets a
beverage containing psychoactive cannabinoids in violation of
this section shall be guilty of a Class B misdemeanor.
Section 3. This act shall become effective on October
1, 2025.
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