In response to Andrew Donley of ABC 33/40's article yesterday...

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In response to recent publications concerning the legality of hemp flower in Alabama we would like to share the following information.


  1. What kind of license is required for the retail sale of CBD oil and other hemp products?
    Retail sale of processed hemp products does not fall within the regulatory authority of the Plant Protection Division of the Alabama Department of Agriculture and Industries. (

Our hemp flower products are processed (trimmed) industrial hemp flowers that have been legally produced under a state Department of Agriculture license, third-party Lab tested and packaged in fresh-seal jars thus making them a purchasable product in accordance with the laws of the State of Alabama.

A recent article written by Andrew Donley of ABC 33/40 could leave some to believe that processed CBD items, including processed industrial hemp flowers are illegal to sell in Alabama.  The aforementioned article has no credible sources cited and should be retracted due to inaccuracies that could hinder legal businesses in the State of Alabama.







(3) Hemp products.  Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties. (


(4) Industrial hemp.  All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.  Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law.  The term excludes marijuana as defined in subdivision (14) of Section 20-2-2 .


MONTGOMERY, Ala. - The Alabama Hemp program launched in the beginning of 2019, after the Agriculture Improvement Act of 2018 (i.e. Farm Bill) declassified hemp as a schedule 1 drug and deemed hemp as an agriculture commodity.  This legislation defines hemp as all parts of the plant containing less than 0.3% THC, including derivatives, extracts, and cannabinoids. (

Original Article

1 comment

  • Posted on by J Burkett

    Journalists and their respective editors are sliding into realms of misinformation and editorials, which pose as news pieces.

    ABC 33/40’s Donnelly shouldn’t have run the story without quoting or interviewing the state’s attorney general’s office. After all, if you are going to state “X” is illegal, wouldn’t you want to confirm with the governing office in charge of prosecution? The following statement is not slanderous toward Doctor Katelyn Kesheimer, an Entomology professor at Auburn; her partial statement exhibited several misleading and flawed assumptions. Perhaps, her audio clip was purposefully taken out of context during ABC 33/40’s editing to fit their editorial, masking as journalistic news?

    A legal precedent has also been written, which will challenge any future state law prohibiting the commercial sale or possession of hemp flower. An Indiana Federal Judge Sarah Evans Barker wrote in a Sept. 13 ruling that Indiana’s law criminalizing the manufacture, finance, delivery and possession of smokable hemp is preempted by federal law. Wouldn’t a true journalist also include this ruling as part of the story? The ruling came from a class action lawsuit by retailers against the state. Wouldn’t it then be logical to also reach out to local Alabama retailers, for comment, asking if they would take similar legal action?

    IGNORANCE is not acceptable excuse for journalism!

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