HB 2, which bans the drug Tianeptine from the state, had originally received a controversial amendment. It would ban Delta 8 and Delta 10 from Alabama in addition to Tianeptine. There was huge outcry not only from the general public, but from the hemp industry as well. Delta 8 should remain legal in the state. Alabama legalized hemp in 2019 after the USDA legalized hemp under the Farm Bill. 

Under the Farm Bill, hemp is:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Both Delta 8 and Delta 10 are structurally different from Delta 9 thanks to a difference in double bond. Delta 8 has a double bond on the 8th carbon chain. Delta 9 has a double bond on the 9th carbon chain. And, Delta 10 has a double bond on the 10th carbon chain. Because of the structural difference, Delta 8 and Delta 10 are considered legal under the Farm Bill. But states are now looking to change this. 

Amendment

The amendment to ban Delta 8 and Delta 10 originally came to HB 2. That bill strictly wanted to ban Tianeptine from the state for its similarities to opioids. It saw addition by the Senate Judiciary Committee after the original bill passed unanimously through the House. But in the full Senate chamber vote, the amendment became removed before the bill received approval. 

Another bill, SB 46, which would legalize a medical cannabis program in the state. But lawmakers tried to add on a ban of all THC products within the state onto this bill. Once it passed the Senate, it moved to the House Health Committee and they removed the amendment as well before approving it for a full House vote. 

The reason for lawmakers adamantly pushing for this ban through amendments is because it is currently sponsored by the state’s Attorney General Steve Marshall.

Response

The Alabama Cannabis Industry Association, which represents both cannabis and hemp growers, expressed gratitude towards lawmakers who struck down the amendment to ban Delta 8 and Delta 10 twice in one session. 

“We would like to thank Senator Tom Whatley, Senator Roger D. Smitherman, & Senator Author Orr, along with all the Senators who worked with us in removing the amendment from HB2 that would have ban Delta-8 & Delta-10, in a unanimous vote,” the statement read. “We would also like to thank the members of the House Health Committee, who defeated an amendment to the medical cannabis bill SB46, that would have ban Delta 8 & Delta 10 & any Delta with THC, to include CBD.

“It’s premature to outlaw these potentially beneficial treatments for very serious conditions until research has been done,” the statement continued. “What we do know is that there have been no deaths attributed to delta-8-thc and cannabis is generally safer than even some over-the-counter medications.”

Future

Both HB 2 and SB46 will be discussed in the chambers soon, hopefully making their way to Governor Kay Ivey. It is unclear how the governor will respond to these bills. But with pressure from lawmakers and neighboring states, there is a chance she will sign them. As more information becomes available, we will update you with the latest.

Make sure to check back for more cannabis and hemp related news.