SB274INTRODUCED
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SB274
CXPYBJQ-1
By Senators Roberts, Waggoner, Barfoot, Stutts, Kitchens,
Gudger, Weaver, Givhan, Allen, Shelnutt
RFD: Children and Youth Health
First Read: 01-Apr-25
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6 CXPYBJQ-1 04/01/2025 PMG (L)cr 2025-1412
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First Read: 01-Apr-25
SYNOPSIS:
Cannabidiol (CBD) is naturally produced in hemp
in significant amounts, and delta-9
tetrahydrocannabinol (delta-9 THC) is naturally
produced in very low amounts. Compounds, including
delta-8-tetrahydrocannabinol (delta-8 THC) and
delta-10-tetrahydrocannabinol (delta-10 THC) can be
synthesized from CBD, and delta-9 THC can be
concentrated into significant amounts. All of these THC
compounds are pscyhoactive.
Under existing law, these THC compounds, which
are found in or derived from hemp and termed
"psychoactive cannabinoids," may be sold in Alabama,
but may not be sold to minors and must be located in an
area where minors cannot access the products.
This bill would prohibit any possession and sale
of psychoactive cannabinoids, except as permitted under
the medical cannabis laws.
This bill would also provide criminal penalties
for violations.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to cannabis; to amend Section 13A-12-214.4,
Code of Alabama 1975, and add Sections 13A-12-214.5 and
13A-12-214.6 to the Code of Alabama 1975; to prohibit the
possession and sale of psychoactive cannabinoids; and provide
for criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-12-214.4, Code of Alabama 1975,
is amended to read as follows:
"§13A-12-214.4
(a) As used in For purposes of this section and
Sections 13A-12-214.5 and 13A-12-214.6 , "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-9tetrahydrocannabinol, 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 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
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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
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
(b) Except as otherwise authorized under Chapter 2A of
Title 20, a person commits the crime of unlawful possession of
psychoactive cannabinoids in the first degree if:
(1) He or she possesses psychoactive cannabinoids for
other than personal use; or
(2) He or she possesses psychoactive cannabinoids for
his or her personal use only after having been previously
convicted of unlawful possession of psychoactive cannabinoids
in the second degree or unlawful possession of psychoactive
cannabinoids for his or her personal use only.
(c) Unlawful possession of psychoactive cannabinoids in
the first degree pursuant to subdivision (b)(1) is a Class C
felony.
(d) Unlawful possession of psychoactive cannabinoids in
the first degree pursuant to subdivision (b)(2) is a Class D
felony."
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felony."
Section 2. Sections 13A-12-214.5 and 13A-12-214.6 are
added to the Code of Alabama 1975, to read as follows:
§13A-12-214.5
(a) Except as otherwise authorized under Chapter 2A of
Title 20, a person commits the crime of unlawful possession of
psychoactive cannabinoids in the second degree if he or she
possesses psychoactive cannabinoids for his or her personal
use only.
(b) Unlawful possession of psychoactive cannabinoids in
the second degree is a Class A misdemeanor.
§13A-12-214.6
(a) Except as otherwise authorized under Chapter 2A of
Title 20, a person commits the crime of unlawful sale of
psychoactive cannabinoids if he or she produces, manufactures,
sells, offers for sale, delivers, or brings into the state any
psychoactive cannabinoids.
(b) Unlawful sale of psychoactive cannabinoids is a
Class D felony.
Section 3. This act shall become effective on October
1, 2025.
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