Montgomery, Ala.(WDNews) — Four hemp businesses have filed a lawsuit against Alabama Gov. Kay Ivey and Attorney General Steve Marshall over the state’s new hemp law, arguing that it conflicts with federal law, is unconstitutionally vague, and puts them at risk of felony charges starting July 1.
The lawsuit, filed in Montgomery County Circuit Court, seeks to block enforcement of House Bill 445. The plaintiffs—Mellow Fellow Fun LLC, Tasty Haze LLC, The Humble Hemp Shack LLC, and Seedless Green LLC—claim the law unlawfully bans federally legal hemp products such as smokable hemp and synthetic cannabinoids.
Attorneys argue that HB 445 violates the 2018 Farm Bill, which legalized hemp products with less than 0.3% THC and protects interstate transport of those products. According to court documents, the state’s law would make it a Class C felony to possess or transport certain products that meet federal guidelines, placing business owners and transporters at risk of prosecution.
The plaintiffs also say the law is too vague. They argue that unclear definitions make it difficult for businesses and law enforcement to determine which hemp products are illegal under the statute. Products like hemp flowers, teas, and topicals could be criminalized if they are deemed “smokable” or “synthetic,” according to the lawsuit.
“The statute’s lack of clarity invites arbitrary enforcement,” the suit claims, citing violations of the Due Process Clause and Dormant Commerce Clause of the U.S. Constitution.
Plaintiffs are asking for an emergency restraining order to stop the law from taking effect July 1. They also seek a permanent injunction, a declaration that the law is preempted by federal regulation, and compensation for legal costs.
Gov. Ivey signed HB 445 into law in May, and enforcement of certain provisions—including the smokable hemp ban—is scheduled to begin Monday. The Alabama Attorney General’s Office has publicly confirmed that individuals found with banned products may face felony charges.
WDNews will continue to follow developments in this case.
