On Wednesday, the Alabama Senate Health Committee voted to advance a bill that would prevent people under 21 from purchasing over-the-counter hemp-derived psychoactive cannabinoid products. Additionally, the bill would impose a five percent tax on all sales of such products.
Senate Bill 66 (SB66) is sponsored by State Sen. Tim Melson, who chairs the Senate Health Committee.
“I have been getting a lot of calls from parents who get sick at school from these products, and the parents have to come get them,” Melson told Alabama Today.
According to the bill synopsis, “Under existing law, hemp and products derived from hemp may be sold at retail in Alabama. This bill would prohibit the sale, distribution, marketing, or possession of psychoactive cannabinoids derived from or found in hemp to any individual under 21 years of age. This bill would also levy a five percent tax on the gross proceeds of the sale of products containing psychoactive cannabinoids.”
Alabama Today asked Melson where the new revenue from the tax would go.
“The general fund. Since it is a sales tax, it might go to the education fund,” Melson answered. “I would like for it to go to mental health. I need to talk with the Department of Revenue.”
The bill defines psychoactive cannabinoids as being “derived from or found in hemp as defined in Section 2-8-381, Code of Alabama 1975, including, but not limited to, delta-8-tetrahydrocannabinol and delta-10-tetrahydrocannabinol.”
Delta-9-tetrahydrocannabinol is the cannabinoid that causes the psychoactive properties of marijuana and, as such, is a controlled substance.
The cultivation of hemp was legalized in the 2018 farm bill. Hemp historically was grown for its fiber which can be used for rope, paper, car panels, etc. Since cannabidiol (CBD) is derived from hemp, it was legalized as a result of the 2018 farm bill. Delta 8 and Delta 10 are commonly distilled from hemp-derived CBD. Delta 8 is much more psychoactive than CBD; but is only about 25% as potent as Delta 9 (marijuana). In the last two legislative sessions, there have been efforts to outlaw Delta 8 and Delta 10.
The state passed legislation, sponsored by Melson, legalizing medical marijuana in 2021. People with a demonstrated medical need will be able to purchase strictly regulated Alabama-grown marijuana by the end of the year.
The committee unanimously voted to give SB66 a favorable report.
SB66 could be considered by the full Senate as early as Thursday. Thursday will be the fourth legislative day of the 2023 Alabama Regular Legislative Session. The full Senate will convene on Thursday at 10:15 a.m.
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