A Montgomery County judge has denied an effort by four hemp companies to block Alabama’s new law banning smokable hemp, just hours before the law is set to take effect.
Montgomery County Circuit Judge James Anderson issued the ruling Monday following a hearing where attorneys for the plaintiffs argued for a temporary restraining order and preliminary injunction. The companies—Mellow Fellow Fun LLC, Tasty Haze LLC, The Humble Hemp Shack LLC, and Seedless Green LLC—claimed the ban violates federal law and interferes with interstate commerce.
But Judge Anderson disagreed, writing that “House Bill 445 does not impede or prohibit interstate shipping of hemp products,” and declined to issue an injunction.
Under HB 445, the sale and possession of smokable hemp products becomes a Class C felony starting Tuesday, punishable by up to 10 years in prison. The law, passed by the Legislature in May, also bans products that contain synthetically derived THC, including many gummies and infused beverages. While the smokable and synthetic bans begin immediately, the remainder of the law takes effect in January.
Additional provisions—set to be enforced by the Alabama Alcoholic Beverage Control Board—will regulate packaging, labeling, serving sizes, and require new licensing for hemp retailers. Only businesses serving customers 21 and older will be allowed to sell THC products, with the exception of grocery stores, which may continue selling THC-infused drinks.
Lawyers for the hemp businesses noted that the state currently licenses companies to grow and process hemp through the Department of Agriculture and Industries. They argued that the new law, particularly its vague language and felony penalties, represents a significant overreach that could devastate their operations.
Despite opposing the ban, the companies behind the lawsuit say they support other aspects of the new regulatory framework. Industry advocates have also repeatedly stated they’re not against oversight but believe HB 445 goes too far.
The law, sponsored by Representative Andy Whitt (R-Harvest) and Senator Tim Melson (R-Florence), gained traction after a series of public hearings and increased concern about unregulated THC products.
Meanwhile, Alabama law enforcement has begun cracking down. Last week, state and local agencies raided ten vape and hemp shops across five cities, seizing smokable products officials claim tested over the legal 0.3% THC threshold. Attorney General Steve Marshall said those raids were based on longstanding marijuana laws, not HB 445.
The lawsuit from the four hemp businesses remains ongoing.
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