Birmingham brewer who makes THC drink vows to stay in business, calls new law ‘a betrayal’
Less than 48 hours after Alabama Gov. Kay Ivey signed a sweeping bill into law that governs products containing the marijuana chemical THC, a Birmingham-based business is scrambling to figure out its next steps.
But one thing is clear, said Harris Stewart, the founder of Sunbev.
“We are absolutely staying in business,” he said. “We are just having to adapt. We are working with our business partners and regulatory boards to make this work.”
Stewart, who founded TrimTab Brewing Co., created Sunbird last year, a product line of hemp-derived zero sugar, zero carb, zero calorie THC beverages. The drink has a low dosage of CBG and a low dosage of hemp-derived Delta 9, which has an intoxicating effect.
The business began last April with self-distribution to a handful of accounts, but by the end of the year, Stewart said, it was in six states – much more rapid growth than he and his business partners had anticipated.
Now all of that is thrown up into the air, he said. Roughly 90% of the company’s sales come in convenience stores, which will no longer be allowed in Alabama.
“It’s a point-of-sale issue,” he said. “When you go from 100% to 10% in terms of your account base, you have to think on your feet. We don’t have a clear picture yet, but we aren’t going away.”
The new law lays out plans to tax, regulate, and restrict the sales of gummies, drinks, and other consumable products containing the marijuana chemical THC.
It also spells out regulations for products containing THC and CBD derived from hemp, and the stores specializing in them, as well as in convenience stores and online.
Retailers will have to obtain a license from the ABC Board to sell the products, with access limited to stores for people 21 and over and, for THC beverages, designated sections of grocery stores. Smokable hemp products will be banned.
The act itself is confusing, critics say, as it is supposed to become law on July 1, but the ABC Board provisions aren’t supposed to take effect until Jan. 1, 2026.
ABC representative Dean Argo said Thursday that the board is “still reviewing HB445,” and thanked the public for their patience.
Stewart doesn’t mince words when describing the law, which he said is going to take at least $20 million in revenue off the table for Alabama.
At the same time, the same category of products makes about $8 billion annually in states like Texas, Minnesota, and California, he said.
“This bill was rammed through with no real dialogue, under the influence of entrenched corporate interests, and with glaring conflicts of interest at the legislative level,” he said.
“It’s a betrayal of the people of Alabama—plain and simple.”
Stewart said he understands the stated public concerns behind the law – making it harder for minors to obtain the drinks.
But he said he and others in the field are rigorous in testing their products, and diligent to follow the law.
“The only problem was the person at the (cashier’s) desk getting the I.D.,” he said.