THC Vapes Now Banned in Alabama: What HB445 Means for You

As of July 1, 2025, it will be illegal in Alabama to possess, sell, or distribute THC-containing vapes — including products with delta-8, delta-9, or any cannabinoid derived from hemp. This change comes from House Bill 445 (HB445), which overhauls Alabama’s approach to consumable hemp products.

This is not just a regulatory tweak — it is a major shift in criminal and consumer law that will impact vape shops, gas stations, CBD retailers, and individuals alike.

Vape Ban at a Glance

Under HB445, all inhalable hemp products are banned, even if they are derived from federally legal hemp. That includes:

• THC vape pens, cartridges, and disposables
• CBD or THC “dab” products for inhalation
• Hemp cigarettes, joints, flower, or raw buds
• Any device or product designed to deliver cannabinoids through the lungs

Possession or sale of these products is now considered a violation of state law. They are deemed contraband, subject to warrantless seizure, and may result in fines, license revocation, or criminal charges.

What Else Does HB445 Do?

In addition to the vape ban, HB445 imposes a wide range of regulations on consumable hemp products such as gummies, drinks, tinctures, and topicals. The law’s key provisions include:

Licensing Requirements

• Retailers, wholesalers, and manufacturers must be licensed by the Alabama ABC Board
• Licenses require background checks and local government approval
• Annual license fees:
  • $5,000 for manufacturers and wholesalers
  • $1,000 for retailers

THC Limits and Labeling

• 10 mg of THC per serving is now the legal maximum
• Products must include:
  • Health and impairment warnings
  • Ingredient lists
  • THC/CBD content
  • Child-resistant packaging

Sales Restrictions

• • Products can only be sold to individuals 21 years or older

Online, drive-through, and vending machine sales are prohibited

Sales only allowed at:

• • Standalone hemp retailers
  • ABC-licensed liquor stores (off-premises only)
  • Pharmacies (topical products only)
  • Grocery stores over 14,000 sq ft with restricted access zones

Tax and Enforcement

• 10% excise tax on retail sales
• Proceeds fund state compliance efforts
• Violations can lead to:
  • Seizure of product
  • Civil fines up to $20,000
  • License suspension or revocation
  • Criminal prosecution

Legal Implications for Consumers and Retailers

If you:

• Currently sell or distribute THC vapes or hemp flower, you must cease operations related to those products before July 1, 2025.
• Operate a business that sells consumable hemp products, you must obtain appropriate licensure and comply with testing, labeling, and reporting rules.
• Are found in possession of prohibited products, you may face seizure, fines, or charges — even if the products were purchased legally under previous law.

How Vaughn Defense Can Help

At Vaughn Defense, we represent individuals facing criminal charges or investigations related to THC vapes, hemp-derived products, and other controlled substances under Alabama law. With HB445 taking effect, many people may find themselves unintentionally on the wrong side of a rapidly changing legal landscape.

If you are:

• Charged with possession of a vape or other hemp product now deemed illegal,
• Under investigation for distribution or sale of THC products,
• Or simply unsure about the legality of a product you purchased or used in good faith—

—we’re here to defend your rights, clarify your options, and guide you through the legal process with experience and commitment.

Call today or visit www.vaughndefense.com to schedule a consultation. We proudly serve clients in Auburn, Opelika, Lee County, and throughout Alabama.