Back

MORE STATES COMING SOON!!

*A federal ban on all hemp products was passed on November 12th, 2025. However, this ban does not take effect for one year (November 12th, 2026).  This gives the industry time to reorganize and put proper legislation in place moving forward.  It is STILL LEGAL to sell*

 

 

Alabama:

If you operate a bar or restaurant in Alabama: do not sell or serve hemp‑derived THC beverages for on‑premise consumption. HB445 prohibits tastings and on‑site consumption and limits retail licenses to off‑premises sellers and dedicated hemp retailers.

Topline requirements (what you must know)

  • No on‑premise sales or tastings. (§28‑12‑46(a))
  • Retail license eligibility is limited. Only entities with an off‑premises liquor license or those that exclusively sell consumable hemp products qualify for consumable‑hemp retailer licenses. (§28‑12‑45(a))
  • Licensing effective Jan 1, 2026. ABC rulemaking and licensing regime kicks in then — unlicensed sales after that date risk civil fines and criminal exposure.
  • Age checks mandatory. All sales are 21+; strict ID verification and penalties for violations. (§28‑12‑48)
  • Online/direct shipments banned. No online ordering or shipping into Alabama for these products. (§28‑12‑60)
Immediate action recommended: stop any current on‑premise service, remove tasting promotions, and pause marketing that implies in‑bar consumption.

Practical steps — compliance checklist

If you currently serve hemp‑THC beverages on site:

  • Stop on‑premise service and cancel tastings immediately.
  • Secure any stock separately and label it as for off‑premise sale only (do not sell until license & local approval obtained).
  • Train staff: no samples, no serving, ID checks, refuse minors.
If you want to sell off‑premises (takeaway only):

  • Contact Alabama ABC Board about whether an off‑premises consumable‑hemp retailer license is possible for your business.
  • Check local municipal/county rules and obtain local approval.
  • Prepare COAs, labeling, packaging (child‑resistant), and tax reporting systems before applying.
Reminder: ordinary on‑premises liquor licenses are unlikely to qualify for a consumable‑hemp retail license — consult ABC & local authorities before investing.

Penalties & enforcement risks

  • Unlicensed sales after Jan 1, 2026: civil penalties escalate ($5,000 → $7,500 → $10,000 + Class C felony & license revocation on repeated offenses). (§28‑12‑44)
  • Selling to under‑21s: license suspensions (90 days first offense) and fines ($5,000 first offense). (§28‑12‑48)
  • Direct shipment or selling excluded products: misdemeanor/felony penalties possible. (§28‑12‑60, §28‑12‑61)
  • Products sold illegally may be seized and destroyed.

Common FAQ — short answers

Q: Can I sell a sealed hemp THC bottle for a customer to take home?
A: Only if you hold an appropriate off‑premises consumable‑hemp retailer license and local approval — not under a standard on‑premises liquor license.

Q: Can we create a separate retail shop attached to the restaurant?
A: Possibly — but ABC rules and local approvals may require a physically separate area, dedicated staff, and other conditions. Consult ABC & counsel.

Q: Are samplings or tastings allowed?
A: No. Tastings and samples are explicitly banned. (§28‑12‑46(a))

Q: Who issues licenses and rules?
A: The Alabama ABC Board issues licenses and will publish implementing regulations; monitor ABC rulemaking closely.

Key citations & resources

  • Alabama Legislature — HB445 / Act 2025‑385: §28‑12‑45, §28‑12‑46(a), §28‑12‑44, §28‑12‑48, §28‑12‑60.
  • Alabama ABC Board — licensing & compliance portal: alabcboard.gov/licensing-compliance
  • News coverage & rulemaking: AP News, Axios, Alabama Political Reporter.
Disclaimer: This guide summarizes HB445 implementation for hospitality use and is for informational purposes only. It does not constitute legal advice. Consult the Alabama ABC Board and a qualified regulatory attorney for legal advice specific to your business.

 

 

Florida:

Is it legal to sell hemp-derived THC beverages in Florida?  YES!  Tip: Only sell brands that are being distributed by a reputable distributor.

What is required to sell them?  Your establishment will need to obtain a hemp license to be able to sell hemp-derived THC beverages.  The cost is $650/year.

How to Apply / What to Do:

  • Visit FDACS website under Food Establishments → Food / Business Services. Florida Department of Agriculture+1

  • Determine which food‑establishment category your business falls under (Retail Food Establishment permit vs Wholesale/Manufactured Food Establishment). Florida Department of Agriculture+1

  • Within the application or renewal process, indicate you will “sell or plan to sell hemp products intended for human ingestion” to get designated as a Hemp Food Establishment.

  • Submit required documentation: water & sewer approval (if applicable), premises information, plan review (optional but helpful) per FDACS Minimum Construction Standards.

  • Ensure ongoing compliance: keep COAs, labeling compliant, record‑keeping, etc.

  • **The regulatory landscape is evolving and enforcement priorities may change**