On Wednesday, the Alabama Legislature approved legislation that set the minimum age to purchase psychoactive cannabinoids at 21. The House of Representatives made several changes to the legislation when they passed it on Tuesday. Specifically, the House voted to jettison a 5% tax on the products that the Senate had included in their version of the bill. The House substitute also added a requirement for stores to put those products out of the reach of children and in child-proof containers. On Wednesday afternoon, the Senate voted to concur with the House changes and send the legislation to the Governor.
Senate Bill 66 (SB66) is sponsored by State Senator Tim Melson. It was carried in the Alabama House of Representatives by State Representative Russell Bedsole.
Bedsole explained that the legislation deals with psychoactive cannabinoids: Delta 8 and Delta 10.
“This legislation contains penalties if you are caught selling this,” Bedsole said. “There are penalties if you are caught in possession of these if you are under 21.”
Bledsole explained that these products are packaged in such a way that they are designed and target children.
“There is no oversight,” Bedsole said. “Oftentimes, the THC content is much higher than advertised on the packaging.”
Rep. Juandalynn Givan said, “Thank you for bringing this. We have had some problems in Jefferson County with students purchasing candies and getting sick. We need to get a handle on what is going on with these candies. We had an incident with a young girl last week in Jefferson County who got really sick from one of these candies.”
Givan said that these products sold on the shelves differ from marijuana.
“The weed man is my friend,” Givan said. “This bill has nothing to do with the weed man. This is being sold in the open market in convenience stores on the shelf. There is also a problem with cough syrup and other products on the shelf.”
“People don’t realize how dangerous these products are,” Bedsole said.
“I hope there is a task force like Steve Marshall used to shut these bingos down,” Givan said. “I pray that there is a task force that goes into these stores.”
Rep. Chris Sells said, “It is a great bill. I support anything that helps the children.”
Rep. Anthony Daniels said, “I don’t understand why we have not to this point cracked down on this. It has had a negative impact on our communities.”
Bedsole said, “Originally, this had a tax of five percent on it when it came out of the Senate. That tax has been removed.”
“This product must be placed in a place not accessible to children,” Bedsole said. “This product should be behind the counter.”
“There will be some form of community service for those below 21 found to be in possession,” Bedsole said,
Rep. Barbara Drummond said, “I am so happy to see this bill as well as others that will come. I am for anything that we can do to protect children.”
Rep. John Rogers asked, “How do you stop an adult from giving it to the kids?”
“You can ask that question about so many laws that are on our books,” Bedsole answered. “We believe this bill is a good first step.”
“The sub that came out of committee did not have an additional tax,” Bedsole said.
The House voted to adopt the committee substitute 105 to 0.
“I have a friendly amendment,” said Rep. Reed Ingram. “All the amendment does is that all the packaging has to be in a child-resistant container.”
Bedsole replied, “I do consider the amendment to be a friendly amendment.”
The House voted to adopt the Ingram amendment 105 to 0.
Rep. Ron Bolton brought an amendment that raised the penalty for a third offense for violating this statute to $400.
“The judge could still make the decision to require community service,” Bolton said.
SB66 passed the House 105 to 0
On Wednesday, it returned to the Senate.
Sen. Melson asked that the Senate concur with the House changes.
“All they actually did was remove the tax that we had,” Melson said. “They also put it behind the counter and also put it in child-proof containers. I would like to concur with the House.”
The full Senate voted to concur 33 to 0.
SB66 now goes to the Governor for her consideration.
Thursday will be day 18 of the 2023 Alabama Regular Legislative Session.
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