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Key Votes

SB 165 - Establishes a Medical Marijuana Program - Alabama Key Vote

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Legislation - Bill Passed (Senate) (22-11) - (Key vote)
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Title: Establishes a Medical Marijuana Program

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Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that establishes a medical marijuana program within the state of Alabama.

Highlights:

 

  • Authorizes a registered qualified patient to purchase, possess, or use medical cannabis (Sec. 1).

  • Authorizes a resident of this state who is at least 19 years of age to be a registered qualified patient if they meet all of the following conditions (Sec. 1):

    • Have been certified by a registered certifying physician as having a qualifying medical condition; 

    • Is registered with the Alabama Medical Cannabis Commission; and

    • Has been issued a valid medical cannabis card by the Commission.

  • Requires the Commission, by rule, to specify, by form and tetrahydrocannabinol content, a maximum daily dosage of medical cannabis that may be recommended to a registered certifying physician for a particular qualifying medical condition, which may not exceed 75 mg of delta-9-tetrahydrocannabinol (Sec. 1).

  • Prohibits a registered certifying physician from lawfully recommending the use of medical cannabis with a potency greater than 3 percent tetrahydrocannabinol to any minor for a qualifying medical condition (Sec. 1).

  • Defines “qualifying medical condition” as any of the following conditions or symptoms of conditions after documentation indicates that conventional medical treatment or therapy has failed unless current medical treatment indicates that use of medical cannabis is the standard of care (Sec. 1):

    • Anxiety or panic disorder; 

    • Autism Spectrum Disorder (ASD);

    • Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain; 

    • Chron’s Disease; 

    • Epilepsy or a condition causing seizures;

    • Fibromyalgia; 

    • HIV/AIDS-related nausea or weight loss; 

    • Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome; 

    • Post Traumatic Stress Disorder (PTSD);

    • Sleep disorders; 

    • Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis; 

    • Spasticity associated with Multiple Sclerosis or a spinal cord injury; 

    • A terminal illness; 

    • A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proven ineffective; and 

    • Menopause or premenstrual syndrome.

  • Authorizes a resident of this state who is under the age of 19 to be a registered qualified patient if they meet all of the following conditions (Sec. 1):

    • Have been certified by a registered certifying physician as having a qualifying medical condition; 

    • Is registered with the Commission; and

    • Have a qualified designated caregiver who is the patient’s parent or legal guardian.

  • Authorizes a registered qualified patient under the age of 19 to use but not purchase or possess medical cannabis (Sec. 1).

  • Authorizes a resident of this state who is at least 19 years of age to be a registered caregiver if they are registered with the Commission and have been issued a valid medical cannabis card by the Commission (Sec. 1). 

  • Specifies that a registered caregiver may purchase and possess medical cannabis but may not use the medical cannabis unless they are also a registered qualified patient (Sec. 1).

  • Prohibits a registered qualified patient or registered caregiver from purchasing more than 60 daily doses of medical cannabis or renewing the supply more than 10 days before the 60-day period expires, if the registered qualified patient or registered caregiver possess more than 10 daily doses of medical cannabis at any time (Sec. 1).

  • Requires an applicant for a cannabis cultivator license to meet the following requirements (Sec. 1):

    • Provides records indicating continuous, full-time business experience in the field of commercial horticulture or agronomic production for a period of at least 15 years; 

    • Provides records indicating that majority ownership is attributable to an individual or individuals with proof of residency in this state for a continuous period of no less than 8 years preceding the application date;

    • Demonstrates the ability to secure and maintain cultivation facilities; 

    • Demonstrate the ability to obtain and use an inventory control and tracking system; 

    • Demonstrate the ability to commence cultivation of cannabis within 60 days of application approval notification; 

    • Demonstrate the ability to destroy unused or waste cannabis; and

    • Demonstrate the financial stability to provide proper testing of individual lots and batches. 

  • Requires the Commission to ensure that at least one-fourth of all licenses are awarded to business entities at least 51 percent of which are owned by members of a minority group (Sec. 1).

  • Specifies that a minority group includes African Americans, Native Americans, Asians, or Hispanic descent (Sec. 1).

  • Defines “medical cannabis” as a medical-grade product in the form of any of the following, as determined by rule by the Commission, that contains a derivative of cannabis for medical use by a registered qualified patient (Sec. 1):

    • Oral tablet, capsule, or tincture; 

    • Gelatinous cube, gelatinous cube, or lozenge in cube shape; 

    • Gel, oil, cream, or other topical preparation; 

    • Suppository; 

    • Transdermal patch; 

    • Nebulizer; or

    • Liquid or oil for administration using an inhaler.

  • Specifies that medical cannabis does not include the raw plant material, any product administered by smoking or vaping, or a food product that has medical cannabis baked or otherwise infused into the product, such as cookies or candy (Sec. 1).

Legislation - Introduced (Senate) -

Title: Establishes a Medical Marijuana Program

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