The new year typically brings new laws to various States. Alabama has been grappling with hemp code laws and enforcement measures for years. In 2026 they will start enforcement of the new hemp laws with strict guidelines from the ABC Board.

As quoted from the National Law Review, Alabama enacted comprehensive reform of consumable hemp products during the last legislative session. While consumable hemp products are not outright banned under Alabama’s new regime, the who, what, when, where, and how of product offerings are all substantially impacted.

Starting on January 1, the sale or possession of consumable hemp products in violation of HB 445 (and sale or possession unlawful hemp products generally) can lead to statutory fines and a class C felony, which includes fines up to $15,000 and potential jail time of one to 10 years.

The rules of operation were only published on December 15. The ABC Board approved emergency hemp rules at its Thursday meeting, which take effect in January. ABC Board officials said at the Thursday meeting that the emergency rules were necessary to get rules on the books at the beginning of 2026.

The emergency rules will expire in April. The ABC Board is currently in the process of developing permanent rules for the hemp law.

According to the National Law Review, there are guidelines for retailers to follow:

Who Can Sell Consumable Hemp Products in Alabama After January 1, 2026?

Only retailers licensed by the ABC Board may sell consumable hemp products in Alabama after the New Year.

Can I Sell Consumable Hemp Products at Just Any Retail Location?

No. Permitted retailer locations generally fall into three categories: 1) hemp “dispensaries;” 2) pharmacies; or 3) grocery stores. Each category requires a location-specific consumable hemp product retailer license, which permits certain retail locations to sell only certain forms of consumable hemp products. For example, hemp dispensaries may sell all forms of consumable hemp products (that is, beverages, edibles, and topical or sublingual products), while retail grocers may only sell consumable hemp beverages. Pharmacies are limited to topical or sublingual consumable hemp products. Of great significance to many, consumable hemp products cannot be sold at convenience stores (currently perhaps the largest point of sale for such products). 

Have Noteworthy Hemp Beverage Regulation Changes Been Made Since the Last Set of Proposed Rules?

Yes. The initial regulations promulgated by the ABC Board, which would have required two levels of child-proofing containers, have been modified to allow for the standard type of pop-top typically found on a beer can. This is a significant cost saver for manufacturers. Second, whereas the initial regulations would have required hemp beverages to be locked behind glass and require an employee to retrieve the product, ABC will now allow for unlocked plexiglass that does not require assistance from an employee. In short, while the beverages will be in a different refrigerator from beer, they will be available in the same type of self-service manner as beer. Of course, the beverages will only be available to customers age 21+.

How Do I Sell Consumable Hemp Products in Alabama after January 1, 2026?

Consumable hemp products will be subject to similar types of age-gating (21+), testing, packaging, labeling, and advertising, as will medical cannabis products. And as with medical cannabis products, the first step will be to obtain a license (but not without first running your plans by the local government).

Detailed information concerning retailer's responsibilities is available at National Law Review.