HB 590

HB590 INTRODUCED
1 HB590
2 W1LS8E9-1
3 By Representative Rigsby
4 RFD: Health
5 First Read: 10-Mar-26
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W1LS8E9-1 03/10/2026 PMG (L)cr 2025-1963
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4 SYNOPSIS:
5Under existing law, retailers of consumable hemp
6products must be licensed and are regulated by the
7Alabama Alcoholic Beverage Control Board. Existing law
8authorizes pharmacies that are licensed by the ABC
9Board to sell topical and sublingual consumable hemp
10products only.
11This bill would exempt pharmacies from licensing
12and oversight by the ABC Board and allow these
13pharmacies to sell consumable hemp products at retail,
14provided the pharmacies are permitted by the Alabama
15Board of Pharmacy and are in compliance with testing,
16labeling, packaging, and other safety requirements
17relating to consumable hemp products.
18This bill would also require the Alabama Board
19of Pharmacy to enforce these provisions and authorize
20the board to adopt rules.
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22
23A BILL
24TO BE ENTITLED
25AN ACT
26
27Relating to pharmacies; to add Section 28-12-6 to the
28 Code of Alabama 1975, to authorize pharmacies permitted by the
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29 Alabama Board of Pharmacy to sell consumable hemp products
30 that meet specific safety standards without needing to obtain
31 a license from, nor be under the jurisdiction of, the ABC
32 Board and to authorize the Alabama Board of Pharmacy to
33 enforce these safety standards; and to amend Section 28-12-45,
34 Code of Alabama 1975, added by Act 2025-385 of the 2025
35 Regular Session, to exempt pharmacies that sell consumable
36 hemp products from licensing and oversight by the ABC Board.
37 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
38Section 1. Section 28-12-6 is added to the Code of
39 Alabama 1975, to read as follows:
40§28-12-6
41(a) Notwithstanding Sections 28-12-44 and 28-12-45 and
42 any other provision of this chapter that prohibits the sale of
43 a consumable hemp product without a license issued by the
44 board, a pharmacy located in this state that holds a valid
45 permit issued by the Alabama Board of Pharmacy may sell at
46 retail consumable hemp products without obtaining a license
47 from, or being subject to oversight by the Alcoholic Beverage
48 Control Board, provided the pharmacy complies with all of the
49 following:
50(1) All consumable hemp products must be sold by a
51 licensed pharmacist or by a pharmacy technician or employee
52 who is under the direct supervision and control of a licensed
53 pharmacist.
54(2) Consumable hemp products may only be sold to
55 individuals 21 years of age or older and the sale must be in
56 compliance with Section 28-12-48.
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57(3) All consumable hemp products sold or offered for
58 sale in a pharmacy must be in compliance with Article 2.
59(b) The Alabama Board of Pharmacy shall enforce this
60 section and may adopt rules to implement this section.
61Section 2. Section 28-12-45, Code of Alabama 1975,
62 added by Act 2025-385 of the 2025 Regular Session, is amended
63 to read as follows:
64"§28-12-45
65(a) Other than pharmacies selling topical or sublingual
66 consumable hemp products pursuant to subsection (b) Section
67 28-12-6 and retail food stores selling beverage consumable
68 hemp products pursuant to subsection (c)(b), all retailer
69 establishments must be restricted so that only those
70 individuals 21 years of age or older are permitted to enter
71 and the establishment has its own dedicated public entrance.
72 Except as provided in subsection (b) and (c), the board shall
73 only issue retailer licenses to persons:
74(1) That have a valid retail liquor license from the
75 board which authorizes off-premises consumption only; or
76(2) That only sell consumable hemp products.
77(b) Topical and sublingual consumable hemp products may
78 be sold in a pharmacy licensed by the Alabama State Board of
79 Pharmacy, provided the pharmacy obtains a consumable hemp
80 product retailer license from the Alcoholic Beverage Control
81 Board and complies with this chapter and rules of the board.
82 Any topical consumable hemp product sold in a pharmacy must be
83 sold by a licensed pharmacist or by a pharmacy technician or
84 employee who is under the direct supervision and control of a
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85 licensed pharmacist. This subsection does not prohibit a
86 retailer described in subsection (a) from selling topical or
87 sublingual consumable hemp products in that retailer's
88 licensed premises.
89(c)(b)(1) Consumable hemp products that are beverages
90 may be sold in a retail food store, provided the retail food
91 store obtains a consumable hemp product retailer license from
92 the board and complies with this chapter and rules of the
93 board. Consumable hemp product beverages sold in a retail food
94 store must be kept in an area that is: (i) separated from
95 nonalcoholic beverages or beverages intended for children;
96 (ii) behind glass; and (iii) demarcated by a sign indicating
97 that the beverages contain hemp-derived compounds. This
98 subsection does not prohibit a retailer described in
99 subsection (a) from selling consumable hemp product beverages
100 in that retailer's licensed premises.
101(2) For purposes of this subsection, "retail food
102 store" means any store commonly known as a supermarket, food
103 store, or grocery store, primarily engaged in the retail sale
104 of a variety of canned goods, frozen foods, nonalcoholic
105 beverages, dry goods, either packaged or in bulk, and fresh
106 produce or meats, and the store dedicates: (i) a minimum of 75
107 percent of the store's selling area to the sale of food items
108 listed in this subdivision; and (ii) at least 14,000 square
109 feet of the store's footprint to the sale of food items listed
110 in this subdivision.
111(d)(c)(1) A retailer described in subsection (a) shall
112 maintain at its licensed premises a minimum of 500 square feet
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113 of sales and service area. A retailer may not include in the
114 calculation of sales and service area any areas that are not
115 open to customers or not used for sales or displaying
116 consumable hemp products, such as office space or storage.
117(2) A retailer must have an employee present in the
118 sales and service area of the licensed premises at all times
119 the premises is open to customers.
120(3) The purchase of all consumable hemp products must
121 take place in the licensed premises.
122(e)(d) A retailer shall display the retailer license in
123 the licensed premises in a conspicuous manner."
124Section 3. This act shall become effective on June 1,
125 2026.
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