Meeting Type: BCC Regular Meeting
Meeting Date: 3/17/2026
Item Status: New
From: Roger H. Rendleman, County Administrator
Submitted by: Anu Gary, Administrative Services Manager
______________________________________________________________________
ITEM TITLE
Title
Adoption of Baldwin County Commission Policy 2.27 - Consumable Hemp Products License Applications
End
STAFF RECOMMENDATION
Recommendation
Due to the passage of Act No. 2025-385, adopt Baldwin County Commission Policy 2.27 - Consumable Hemp Products License Applications.
End
BACKGROUND INFORMATION
Background: Act No. 2025-385 (Found in Title 28, Chapter 12 of the Code of Alabama 1975) imposes regulations on consumable hemp products, which will be administered and enforced by the Alabama Alcoholic Beverage Control (ABC) Board. The law became effective July 1, 2025, but the licensing requirements did not go into effect until January 1, 2026.
Ala. Code §28-12-40(a) and (b)
(a) Effective January 1, 2026, consumable hemp products may only be sold in this state by retailers licensed by the board in accordance with this article to adults 21 years of age or older.
(b) The board may not issue a license under this article unless the local governing body of the county or municipality in which the licensee’s facility will be located has approved the application for licensure.
The ABC Board is issuing three different types of consumable hemp products retailer licenses:
(1) Special Retailer of Consumable Hemp Products License
(2) Pharmacy Consumable Hemp Products License
(3) Retail Food Store Consumable Hemp Products License
ACCA recommends that counties that approve retail liquor licenses follow a similar process for consumable hemp products licenses. The proposed policy requires that a public hearing be held by the Baldwin County Commission before a consumable hemp products license request is considered. A public notice sign will be posted on the retail establishment property in a visible location for a minimum of seven days prior to the public hearing. Once the hearing is held and the Commission takes action, a notification letter is sent to the ABC Board.
What are consumable hemp products?
“A finished product that is intended for human or animal consumption and that contains any part of the hemp plant or any compound, concentrate, extract, isolate, or resin derived from hemp. The term includes, but is not limited to, products that contain cannabinoids. The term does not include seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration.”
Definition excludes:
•Smokable hemp products
•"Any product that contains psychoactive cannabinoids that are created by a chemical synthesis, modification, or chemical conversion from another cannabinoid, utilizing non-cannabis materials..."
Previous Commission action/date: N/A
FINANCIAL IMPACT
Total cost of recommendation: Incoming revenue. There is a 10% excise tax on retail sales of consumable hemp products, with the revenue distributed as follows:
•90% to the State General Fund
•10% to the county (if sold in an unincorporated area) where the product was sold, to be used for enforcement
Budget line item(s) to be used: TBD
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: Brad Hicks, County Attorney 3/11/2026 kmr
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration - Follow policy update procedures/new policy entry.
Send NOA email with copy of BCC Policy 2.27 to:
Finance and Accounting - Tara Hazelbaker, Aislinn Stone, Christie Bezoari, Dana Lambert
Sales and Use Tax - Heather Gwynn
Budget - Beth Hodges, Lynzie Clark
BCSO - Sheriff Lowery, Chief Deputy White, Tammy Rider, Kim Kelly
Additional instructions/notes: N/A