Four Alabama hemp retailers have filed a lawsuit against Gov. Kay Ivey and Attorney General Steve Marshall, alleging that the state’s newly enacted hemp law—touted as a regulatory measure—effectively criminalizes a broad swath of their business operations and violates their constitutional rights.
Filed June 27 in the Montgomery County Circuit Court, the lawsuit—brought by Mellow Fellow Fun, Tasty Haze, The Humble Hemp Shack, and Seedless Green—seeks a temporary restraining order and preliminary injunction to block enforcement of House Bill 445, which went into effect on May 14. The plaintiffs say the law does far more than regulate hemp—it “guts an entire industry overnight.”
Under HB 445, smokable and vapeable hemp products are banned entirely. Edibles containing hemp-derived THC are limited to 10 milligrams per serving and 40 milligrams per package, must be sold in childproof packaging, and are restricted to licensed sellers. Violations are punishable as Class C felonies, with up to 10 years in prison and a $15,000 fine.
The complaint names both Ivey and Marshall in their official capacities, asserting that the law violates due process, equal protection, and the Alabama Constitution’s guarantees of economic liberty and fair notice. The plaintiffs argue the law’s vague and arbitrary language gives unchecked power to regulators, upends legal commerce, and turns lawful products into contraband with little warning or scientific justification.
The plaintiffs state in their filing that “this law isn’t about public safety—it’s about politics,” adding that “HB 445 punishes small businesses for following the law, destroys livelihoods, and hands unaccountable power to the Attorney General and the ABC Board.”
HB 445 was framed by lawmakers such as Rep. Andy Whitt, R–Harvest, and Sen. April Weaver, R–Brierfield, as an effort to “protect children” and impose “commonsense controls” on a rapidly growing, loosely regulated industry. The law creates a licensing system under the Alabama Alcoholic Beverage Control Board and mandates lab testing, strict packaging requirements, and seed-to-sale tracking for all consumable hemp products.
Supporters insist the law is necessary to rein in the proliferation of psychoactive hemp products—particularly those containing delta-8 and delta-10 THC, which have grown in popularity due to their marijuana-like effects but were previously legal under federal and state law.
But for Alabama’s hemp entrepreneurs, the law is not regulatory—it’s existential. One Montgomery-based plaintiff said, “This is a total industry shutdown disguised as a framework,” and added, “We complied with every rule they gave us, and now they’ve pulled the rug out from under us.”
Despite petitions signed by over 800 Alabamians and public pleas from business owners across the state—including veterans and medical patients who rely on hemp products—Gov. Ivey signed the bill into law. Her office has declined to comment on the lawsuit. Meanwhile, Attorney General Marshall has made no secret of his intent to enforce the new law aggressively.
In a June memo, Marshall’s office confirmed that as of July 1, the possession or sale of smokable hemp products will be considered a felony. Enforcement will fall under his authority and that of local district attorneys.
Critics say the law disproportionately harms small businesses and minority entrepreneurs, many of whom entered the hemp industry in good faith under the rules established after the 2018 federal Farm Bill legalized hemp with less than 0.3% delta-9 THC.
Birmingham Mayor Randall Woodfin called the bill a regression to outdated drug war policies, saying it “criminalizes economic opportunity in underserved communities” and “pushes consumers toward unregulated black-market alternatives.”
In a move that only escalated tensions, Sen. Weaver has already pre-filed Senate Bill 1 for the upcoming special session. That bill would restrict all hemp-derived psychoactive products to licensed pharmacies only, removing them entirely from retail shelves. SB 1 would also require Alabama-grown hemp and in-state seed-to-sale tracking—moves many in the industry see as a backdoor prohibition and a gift to Big Pharma.
“This isn’t about kids,” said one industry advocate. “It’s about control. They want to kill off independent hemp shops and consolidate the market under politically connected operators.”
The plaintiffs’ lawsuit may be the industry’s last hope to prevent that outcome.
As of June 30, the court has not set a hearing date on the plaintiffs’ emergency motion for a restraining order. But with felony enforcement beginning July 1, the clock is ticking—and for Alabama’s hemp retailers, the fight for survival is on.
