AG Steve Marshall & HB 445 Enforcement — The U.S. Senate Campaign Backdrop

Last verified: May 2026

Marshall’s Path to the Attorney General’s Office

Steve Marshall served as Marshall County District Attorney (2001–2017) before being appointed Alabama Attorney General by Gov. Robert Bentley on February 10, 2017 (succeeding AG Luther Strange, who had been appointed to the U.S. Senate). Marshall was elected to a full term in November 2018 (defeating Joseph Siegelman 60-40) and re-elected in November 2022 (defeating Wendell Major 67-33). His Marshall County prosecutorial background informs his strict-enforcement posture across a range of issues including drug enforcement.

Marshall’s Cannabis-Enforcement Posture

Marshall’s posture on cannabis enforcement has been consistently strict throughout his AG tenure:

• Pre-Compassion Act period (2017–2021) — Marshall did not publicly support medical-cannabis legalization. His office’s engagement with the 2021 Compassion Act deliberations was modest; the AG office did not actively oppose the bill.
• Compassion Act implementation (2021–2025) — Marshall’s office worked with AMCC on regulatory implementation but did not actively shape program design.
• HB 445 enforcement coordination (2024–2025) — Marshall coordinated enforcement messaging during the bill’s legislative consideration. After signing, Marshall’s office took the lead on defending HB 445 in court and on coordinating multi-agency enforcement (ALEA, county sheriffs, ABC Board, ADAI).
• Cross-border interdiction — Marshall’s office has supported aggressive ALEA highway interdiction along I-10, I-65, I-20, I-22, and I-85.

The Mellow Fellow Federal Lawsuit Defense

Marshall is a named defendant in Mellow Fellow Fun, LLC v. Ivey + Marshall, the federal preemption challenge to HB 445 filed June 27, 2025 in U.S. District Court for the Middle District of Alabama. Marshall’s office is leading the state’s legal defense:

• Preemption defense. Marshall argues the 2018 Farm Bill’s hemp definition does not preempt state regulation of hemp-derived consumer products under state public-health and police-power authority.
• Dormant Commerce Clause defense. Marshall argues HB 445’s state-licensee preference is a permissible state public-health regulation.
• State authority preservation. Marshall argues that the Farm Bill expressly preserves state authority to regulate hemp under 7 U.S.C. § 1639p.

Judge James Anderson denied the plaintiffs’ TRO motion on June 30, 2025 — a procedural win for Marshall’s office. The case proceeds through the standard federal-court schedule.

The 2026 U.S. Senate Campaign

Sen. Tommy Tuberville (R-AL) is not seeking re-election to the U.S. Senate in 2026, creating an open seat. Marshall is running for the Republican nomination. The 2026 Senate Republican primary is expected to be competitive; multiple candidates are or may be in the field.

Marshall’s pre-Senate political record on cannabis-and-hemp enforcement will be a meaningful campaign feature:

• HB 445 enforcement — Marshall has positioned himself as a champion of the bill. Republican primary voters concerned about youth-uptake of hemp-derived intoxicants are likely to view this favorably.
• Cannabis enforcement generally — Marshall’s strict-enforcement posture aligns with conservative-Republican primary expectations.
• The cross-border interdiction record — aligns with broader Republican border-and-immigration framing.
• The Mellow Fellow defense — positions Marshall as a defender of state regulatory authority against industry challenges.

Marshall’s campaign positioning suggests cannabis-and-hemp policy will continue to be salient in his Senate work if elected.

Marshall’s AMCC Posture

During the multi-year AMCC license saga (2023–2026), Marshall’s office did not actively intervene. The AG office did not provide formal opinions on disputed scoring methodology, did not pursue claims related to the documented Open Meetings Act violations, and did not investigate the procedural irregularities that the March 2026 Examiners audit later confirmed. The deferential posture mirrors Gov. Ivey’s.

The Federal Hemp Cliff and the Marshall Senate Campaign

The federal hemp cliff (Public Law 119-37 Section 781, effective November 12, 2026) will fall during the closing weeks of the 2026 Senate campaign. The federal cliff substantially overlaps with HB 445’s state-level restrictions. Marshall’s campaign will likely:

• Take credit for HB 445 having anticipated the federal direction.
• Emphasize state-regulatory leadership as preferable to waiting for federal action.
• Position Marshall as prepared to legislate further hemp-and-cannabis enforcement in the U.S. Senate.

The April 2026 Federal Schedule III Order

Acting Attorney General Todd Blanche’s April 23, 2026 order moved cannabis from Schedule I to Schedule III under federal law. Marshall’s office has not publicly endorsed the rescheduling and has continued to emphasize that the federal action does not change Alabama state law. This positioning aligns with his strict-enforcement posture and with conservative-Republican primary voter expectations.

Practical Notes

• Marshall’s strict-enforcement posture is consistent across his tenure. Compassion Act registrants, hemp-derived intoxicant retailers, and cross-border-transport defendants face an aggressive AG office.
• The 2026 Senate campaign elevates the cannabis-and-hemp portfolio. Marshall’s pre-Senate record will be examined in the campaign.
• The Mellow Fellow case is in active litigation. Outcome will materially affect HB 445’s force.
• If Marshall wins the Senate seat, his AG office successor may be appointed by Gov. Ivey’s successor. The cannabis-policy continuity question will be open.