April 2025 Update: Alabama THCa Flower Legislation & Compliance Guide for Retailers

With hemp-derived products gaining popularity, Alabama retailers must closely track evolving regulations impacting THCa flower. This guide provides a detailed April 2025 legislative update on Alabama’s legal landscape, including the implications of Senate Bill 132 (SB132), compliance guidelines, packaging mandates, and proactive steps for retailers.

Legal Status of THCa Flower in Alabama (April 2025)

Currently, THCa flower derived from hemp remains legal in Alabama under the federal 2018 Farm Bill, provided it contains less than 0.3% delta-9 THC by dry weight. THCa, though non-psychoactive in its natural form, converts to delta-9 THC upon heating, underscoring the need for strict compliance with testing and labeling protocols.

However, in early 2025, Alabama State Senator Tim Melson introduced Senate Bill 132 (SB132). This legislation aims to classify psychoactive cannabinoids—such as Delta-8, Delta-9, and Delta-10 THC—as Schedule I substances. Due to its potential conversion to delta-9 THC, THCa flower could also face increased scrutiny under this new bill.

Key Points of SB132 Affecting THCa Retailers

• Reclassification Risk: SB132 could inadvertently target THCa flower due to its convertible nature to delta-9 THC upon heating.
• Severe Penalties: If enacted, possession or sale of previously legal hemp-derived cannabinoids, including THCa flower, could become a Class D felony, punishable by imprisonment for 366 days to 5 years.
• Market Impact: Retailers across Alabama—especially smoke shops, dispensaries, and specialty stores—could experience significant business disruptions if these restrictions become law.

Current Compliance Requirements for Retailers

As SB132 remains under consideration, compliance with existing regulations is critical. Retailers should:

• Obtain Proper Licensing: While the Alabama Department of Agriculture and Industries (ADAI) regulates hemp cultivation, retailers must verify local licensing requirements independently.
• Maintain Accurate Product Testing: All THCa products must be accompanied by valid Certificates of Analysis (COAs) from ADAI-approved labs, verifying delta-9 THC levels below 0.3%.
• Comprehensive Record-Keeping: Retailers must document all transactions, source information, and COAs for at least three years to ensure compliance and readiness for inspections.

Packaging and Labeling Requirements

Proper packaging and labeling are essential to meet both legal and consumer safety standards in Alabama. Retailers must ensure all THCa products have:

• Child-Resistant Packaging: Products should be securely packaged to prevent child access.
• Tamper-Evident Seals: All packaging must have seals to clearly indicate if tampering has occurred.
• Clear and Accurate Labeling:
  • Product name and description
  • Net weight clearly indicated
  • Batch or lot number
  • Manufacturer or distributor details
  • QR code linking directly to product COAs
  • All state-required warning statements

Recommended Actions for Alabama Retailers

Given the uncertainty surrounding SB132, retailers should proactively:

• Stay Updated: Regularly follow legislative developments regarding SB132. As of April 2025, it remains under review by the Senate Committee on Healthcare.
• Engage in Advocacy: Retailers can influence outcomes by voicing concerns to elected representatives, highlighting how restrictive measures could negatively impact small businesses and local economies.
• Prepare for Possible Changes: Evaluate inventory compliance continuously, maintain thorough documentation, and develop contingency plans should the legislation pass.

Conclusion

While THCa flower currently remains legal in Alabama, the introduction of SB132 suggests potential regulatory shifts ahead. Retailers must remain vigilant, consistently follow compliance protocols, and be prepared for adjustments in the legal framework. Staying informed and engaging proactively with industry developments is critical to protecting your business interests.