SALE OF TOBACCO PRODUCTS REGULATED BY THE ABC BOARD
2021 UNLAWFUL SUBSTANCES
In the 2021 Alabama Legislative session, the Legislature passed a revision in the Code of Alabama restricting the manufacture, distribution, possession, and sale of products containing Tianeptine and Phenibut. The Legislature classified Tianeptine as a Schedule I Controlled Substance and Phenibut (Beta-Phenyl-Gamma-Aminobutyric Acid HCl, or 4-Amino 3-Phenylbutanoic Acid, Gamma Amino Butyric Acid, Dihydroxybergamottin) as a Schedule II effectively banning the products for retail sale in the State of Alabama.
Code of Alabama Title 20 - Food, Drugs and Cosmetics
2020 UNLAWFUL SUBSTANCES
In the 2020 Alabama Legislative session, the Legislature outlawed the manufacture, distribution, possession and the sell of synthetic urine. It is now illegal to manufacture, distribute, sell or possess synthetic urine or urine additives in the State of Alabama.
2019 TOBACCO 21 ACT
On Dec. 20, 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age for sale of tobacco products from 18 to 21 years. This legislation became effective immediately, and it is now illegal for a retailer to sell any tobacco product, including cigarettes, cigars, and e-cigarettes to anyone under 21 years of age. The new federal minimum age of sale applies to all retail establishments and persons with no exceptions.
In June 2018, FDA approved the drug Epidiolex for treatment of seizures associated with two very rare and severe pediatric diseases. The approval of this medicine was a significant milestone for these patients and their families. The active ingredient in this drug is CBD.
Based on both the approval of this drug, as well as previous substantial clinical investigations of CBD, CBD cannot be marketed as a dietary supplement, and foods to which CBD/THC has been added cannot be introduced into interstate commerce under the Federal Food, Drug, and Cosmetic Act.
The 2018 Farm Bill explicitly preserved FDA’s authorities over hemp products. Therefore, hemp products must meet any applicable FDA requirements and standards, just like any other FDA-regulated product. The 2018 Farm Bill does not in any way authorize or legalize the infusion of (CBD) cannabidiol, delta-8-tetrahydrocannabinol (THC), delta-9-tetrahydrocannabinol (THC) or delta-10-tetrahydrocannabinol (THC) into any product that is designed for consumption by animals or humans.
As previously outlined, it is unlawful under the FD&C Act to introduce into interstate commerce a food (including any animal food or feed) to which has been added a substance that is an active ingredient in an approved drug product or a substance for which substantial clinical investigations have been instituted, and the existence of such investigations has been made public.
The FD&C Act provisions that prohibit adding an active drug ingredient to foods or marketing an active drug ingredient as a dietary supplement contain an exception if the drug was marketed in foods or dietary supplements before the drug was approved and before it was subject to substantial clinical investigations. Therefore, FDA has concluded this exception does not apply to CBD/THC.
ACT 2014 - 000 - LANDON'S LAW
In 2014, the Alabama Legislature strengthened the "2012 Brandon Murphree & Brandon Clark Act law by adding a provision providing immunity for young people who render first aid and remain with distressed individuals suffering from alcohol or recreational drug exposures. Under the revised statute, individuals regardless of their state of intoxication or possession of alcohol or illegal narcotics receive immunity from criminal prosecution if they render first aid and stay with the distressed person until first responders arrive on scene.
ACT 2012 - 267 - BRANDON MURPHREE/BRANDON CLARK ACT
In 2012, the Alabama Legislature banned the sale of synthetic drugs after the deaths of Brandon Murphree in Calhoun County and Brandon Clark in Cleburne County.