Alabama HB 590: Consumable hemp products; exempt pharmacies selling consumable hemp products from licensing and oversight by ABC Board; Pharmacy Board required to enforce consumable hemp safety requirements for pharmacies

Bill Text

HB590 INTRODUCED
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HB590
W1LS8E9-1
By Representative Rigsby
RFD: Health
First Read: 10-Mar-26
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W1LS8E9-1 03/10/2026 PMG (L)cr 2025-1963
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First Read: 10-Mar-26
SYNOPSIS:
Under existing law, retailers of consumable hemp
products must be licensed and are regulated by the
Alabama Alcoholic Beverage Control Board. Existing law
authorizes pharmacies that are licensed by the ABC
Board to sell topical and sublingual consumable hemp
products only.
This bill would exempt pharmacies from licensing
and oversight by the ABC Board and allow these
pharmacies to sell consumable hemp products at retail,
provided the pharmacies are permitted by the Alabama
Board of Pharmacy and are in compliance with testing,
labeling, packaging, and other safety requirements
relating to consumable hemp products.
This bill would also require the Alabama Board
of Pharmacy to enforce these provisions and authorize
the board to adopt rules.
A BILL
TO BE ENTITLED
AN ACT
Relating to pharmacies; to add Section 28-12-6 to the
Code of Alabama 1975, to authorize pharmacies permitted by the
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Code of Alabama 1975, to authorize pharmacies permitted by the
Alabama Board of Pharmacy to sell consumable hemp products
that meet specific safety standards without needing to obtain
a license from, nor be under the jurisdiction of, the ABC
Board and to authorize the Alabama Board of Pharmacy to
enforce these safety standards; and to amend Section 28-12-45,
Code of Alabama 1975, added by Act 2025-385 of the 2025
Regular Session, to exempt pharmacies that sell consumable
hemp products from licensing and oversight by the ABC Board.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 28-12-6 is added to the Code of
Alabama 1975, to read as follows:
§28-12-6
(a) Notwithstanding Sections 28-12-44 and 28-12-45 and
any other provision of this chapter that prohibits the sale of
a consumable hemp product without a license issued by the
board, a pharmacy located in this state that holds a valid
permit issued by the Alabama Board of Pharmacy may sell at
retail consumable hemp products without obtaining a license
from, or being subject to oversight by the Alcoholic Beverage
Control Board, provided the pharmacy complies with all of the
following:
(1) All consumable hemp products must be sold by a
licensed pharmacist or by a pharmacy technician or employee
who is under the direct supervision and control of a licensed
pharmacist.
(2) Consumable hemp products may only be sold to
individuals 21 years of age or older and the sale must be in
compliance with Section 28-12-48.
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compliance with Section 28-12-48.
(3) All consumable hemp products sold or offered for
sale in a pharmacy must be in compliance with Article 2.
(b) The Alabama Board of Pharmacy shall enforce this
section and may adopt rules to implement this section.
Section 2. Section 28-12-45, Code of Alabama 1975,
added by Act 2025-385 of the 2025 Regular Session, is amended
to read as follows:
"§28-12-45
(a) Other than pharmacies selling topical or sublingual
consumable hemp products pursuant to subsection (b) Section
28-12-6 and retail food stores selling beverage consumable
hemp products pursuant to subsection (c)(b), all retailer
establishments must be restricted so that only those
individuals 21 years of age or older are permitted to enter
and the establishment has its own dedicated public entrance.
Except as provided in subsection (b) and (c), the board shall
only issue retailer licenses to persons:
(1) That have a valid retail liquor license from the
board which authorizes off-premises consumption only; or
(2) That only sell consumable hemp products.
(b) Topical and sublingual consumable hemp products may
be sold in a pharmacy licensed by the Alabama State Board of
Pharmacy, provided the pharmacy obtains a consumable hemp
product retailer license from the Alcoholic Beverage Control
Board and complies with this chapter and rules of the board.
Any topical consumable hemp product sold in a pharmacy must be
sold by a licensed pharmacist or by a pharmacy technician or
employee who is under the direct supervision and control of a
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employee who is under the direct supervision and control of a
licensed pharmacist. This subsection does not prohibit a
retailer described in subsection (a) from selling topical or
sublingual consumable hemp products in that retailer's
licensed premises.
(c)(b)(1) Consumable hemp products that are beverages
may be sold in a retail food store, provided the retail food
store obtains a consumable hemp product retailer license from
the board and complies with this chapter and rules of the
board. Consumable hemp product beverages sold in a retail food
store mu