What You Need to Know: Alabama’s New Hemp Law Makes Smokable Hemp a Class C Felony

First, What’s Illegal Under This New Law?

The law prohibits the possession, sale, distribution, or manufacture of any smokable hemp product, which includes:

• Raw hemp flower or buds
• Pre-rolled hemp joints
• Hemp vapes or vape cartridges
• Hemp cigars
• Any other inhalable form of hemp

These are no longer “gray area” products. They are now explicitly illegal in Alabama, regardless of THC level or whether they were purchased legally prior to the law going into effect.

 What Is a Class C Felony in Alabama?

In Alabama, criminal offenses are classified as Class A, B, C or D felonies—with Class C being the third-most serious level. But don’t let that fool you. A Class C felony still carries severe consequences:

Under Alabama Code §13A-5-6, the penalty for a Class C felony is:

• 1 to 10 years in prison
• Up to $15,000 in fines
• A permanent felony conviction on your record

That’s the same classification used for crimes like:

• Third-degree burglary
• Certain firearm possession charges
• Theft of property between $1,500–$2,500

Now, under HB 445, possessing a hemp vape or a pre-rolled joint falls into that same category.

What Happens If You’re Caught?

If you’re found in possession of a smokable hemp product, even one you bought legally before July 1, you could be:

• Arrested on the spot
• Booked and charged with a felony offense
• Required to post bond and appear in court
• Facing possible indictment and prison time

Even if it’s your first offense, and even if the product was non-intoxicating or CBD-dominant, the law does not distinguish between types of hemp or user intent.

Why This Matters for Everyday Alabamians

Many people who use hemp products are not criminals. Most are adults who prefer non-intoxicating, plant-based products to alcohol or pharmaceuticals.

But under HB 445, if that product happens to be in smokable form, it could now land you with a felony conviction.

And that conviction doesn’t just mean jail. It could impact:

• Your ability to get a job
• Your eligibility for housing
• Your right to vote or possess a firearm
• Your access to financial aid or professional licenses
• Your voting rights

In short: one small item could change your life forever.

How Does This Compare to Marijuana Laws in Alabama?

While Alabama has not legalized recreational marijuana, possession of small amounts of marijuana (for personal use) is typically charged as a Class A misdemeanor under current law.

That means:

• Possessing hemp = Class C Felony
• Possessing marijuana (personal use) = Class A Misdemeanor

So in Alabama today, possessing hemp in a vape or pre-roll is legally considered worse than possessing marijuana.

Yes, you read that correctly.

I Have Hemp Products: What Should You Do?

If you currently own any smokable hemp products such as flower, vapes, pre-rolls, etc., get rid of them immediately. Do not carry them in your car, purse, or home.

If you are facing charges related to smokable hemp possession, contact a qualified criminal defense attorney as soon as possible. This is not a minor citation. This is a felony charge with long-term consequences.

Walton Law Firm in Auburn Alabama Is Here to Help

At Walton Law Firm, we believe in protecting the rights of individuals, not punishing them for nonviolent, victimless choices. If you or someone you love has been charged under Alabama’s new hemp law, we’re here to defend you.

Trip Walton and his team of Criminal Defense attorneys have handled thousands of criminal cases across Auburn, Opelika, Chambers County, and East Alabama.  Our top criminal defense team knows how to navigate complex state laws and protect your record.

Call us today for a free confidential consultation.

334-321-3000
www.waltonlaw.com

Have your or a loved one been recently arrested or charged with a crime in Auburn Opelika or surrounding areas? Speak to an experienced member of our legal team. Call the offices of Walton Law Firm today at 334-321-3000