MONTGOMERY, Ala. — A bill designed to impose strict regulations on consumable hemp products such as delta-8 and other psychoactive cannabinoids passed out of the Senate Committee on Tourism Wednesday. Its sponsor pledged to work with two other lawmakers carrying similar bills to reach a compromise.

Sponsored by Sen. Rodger Smitherman, D-Birmingham, Senate Bill 255 would only allow for psychoactive cannabinoid products to be sold at establishments dedicated to selling the products. It would also mandate rigorous testing on psychoactive cannabinoids, prohibit them from being sold alongside alcohol and impose on them a 6% sales tax.

“We all understand that all you’ve got to do is look around in the Senate and the House (for) the bills that are addressing similar products; it is very much a concern of every legislator here today,” said Sen. Randy Price, R-Opelika, the chair of the committee.

Psychoactive cannabinoid products have become a multibillion-dollar industry since the the production and sale of hemp products was legalized under the 2018 Farm Bill, an unintentional side effect of the federal legislation.

Several people representing companies that manufacture or sell the products voiced concerns over SB255, largely about its potential impact on adult consumers. It did, however, ultimately pass out of the committee, with Smitherman telling Alabama Daily News it was his intent to meet with the two sponsors of similar bills, Rep. Andy Whitt, R-Harvest, and Sen. Tim Melson, R-Florence.

Earlier on Wednesday, Whitt’s bill to regulate psychoactive cannabinoids, House Bill 445, was discussed in the House Health Committee during a packed public hearing. Ten speakers voiced either their support or opposition to the proposal. 

“This legislation is an effort to place guardrails on a currently unregulated, unchecked and dangerous industry, and that is the sale of psychoactive cannabinoids products, also known as delta-8, delta-9, infused drinks, vape products and other smokables,” Whitt said. “It is simply the wild west.”

The committee did not vote on the bill.

Whitt recounted statistics from the Alabama Poison Information Center.

“In Alabama, poison control has experienced 1,423 exposure calls since 2022; 470 last year were 76% from product injection, that means gummies, edibles, (and) 16% required hospitalization and were in the ICU units,” he said. “In 2023, Alabama Poison Control shockingly noted to me that over 40% of these calls were from children under the age of six that were overdosed.”

Still at the podium, Whitt then pulled out several psychoactive cannabinoid products he had purchased at nearby gas stations, and shared with committee members the potency of each item.

“I don’t know if I should have gloves holding this, I mean this is bad stuff and it’s being sold to our kids,” Whitt said, holding up a package of delta 8 gummies.

Half of the speakers, however, disagreed with Whitt, and argued that his bill as written could eliminate as many as 10,000 jobs, shut down businesses and unfairly targeted responsible use of psychoactive cannabinoids by adults. Those that spoke out against the bill, however, all agreed that the product should not be sold to children.

“We believe that criminal penalties should be enforced for anyone who sells to those under 21,” said Carmelo Parasilti, CEO and founder of Green Acres Organic Pharms in Florence.

“Selling to minors is absolutely unacceptable, and those responsible should face severe consequences. However, punishing adults who choose to use these products legally and responsibly should not be the answer.”

Parasiliti also pushed back on the data Whitt shared regarding the dangers of psychoactive cannabinoids.

“The data simply does not support the hysteria. In 2023, Alabama Poison Control reported 235 delta 8 cases, and these cases represent just 0.018% of Alabama’s 1.3 million residents under 21,” he said. “Most importantly, no deaths have occurred; cannabinoids like delta 8, CBD, CBG are not lethal, non-addictive and federally legal. Mr. Whitt says plague, but again, zero deaths.”

An equal number of public speakers, however, fully supported HB445, including several members of law enforcement, among them Lt. Chuck Bradford with the Trussville Police Department.

Bradford said that his department’s undercover narcotic officers had legally purchased 12 products from across nine stores, and sent the products to be tested at a lab in Georgia. Not one product he said had a THC content below 0.3%, the legally permitted amount under the 2018 Farm Bill, with THC content ranging from between 1% and 10.7%.

“Anything above 0.3%, it’s simple, it’s marijuana, so we’re legally allowing these people to sell marijuana,” Bradford said. “Our city is at the verge of taking control of it ourselves if we can’t get anything going from the state.”

Both Whitt’s and Smitherman’s psychoactive cannabinoid regulation bills would limit where said products could be sold and prohibit them from being sold to those under 21, but differ as to what state agency would regulate the products, and the level of tax imposed on them. Melson’s bill, Senate Bill 237, is also similar but differs regarding the regulating agency.

Smitherman told ADN that he intends on meeting with Whitt and Melson and working to merge the three bills, after which, he hopes to see it move to either the Senate or House floor, depending on which version moves forward.