Title 20 — Title 20

This chapter may be cited as the Alabama Uniform Controlled Substances Act. History: (Acts 1971, No. 1407, p. 2378, §511.)

This article shall be known as the “Controlled Substances Therapeutic Research Act.” History: (Acts 1979, No. 79-472, p. 870, §1.)

The Legislature finds that recent research has shown that the use of cannabis may alleviate nausea and ill-effects of cancer chemotherapy, and may alleviate the ill- effects of glaucoma. The Legislature further finds that there is a need for further research and experimentation w…

As used in this article the following words, unless the context clearly indicates the contrary, shall have the following meanings: (1) CONTROLLED SUBSTANCE. The same as is defined in subdivision (5) of Section 20-2-2, as amended; (2) CANNABIS. The same as those substances defined…

Review Committee; Rules and Regulations; Formulation with Federal Agencies. There is hereby established by the State Board of Medical Examiners the Controlled Substances Therapeutic Research Program. The board shall administer the program by a review committee. The board shall pr…

Cancer Chemotherapy and Glaucoma Patients; Certification; Exemption from Prosecution. Except as herein otherwise provided, the Controlled Substances Therapeutic Research Program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the revie…

The review committee shall consist of: (a) one physician licensed to practice medicine in this state and certified by the American Board of Ophthalmology; (b) one physician licensed to practice medicine in this state, certified by the American Board of Internal Medicine and also …

State Board of Medical Examiners; Recertification. Only physicians in the practice of medicine as prescribed in Section 20-2-115 and specifically certified by the State Board of Medical Examiners to dispense cannabis under the provisions of this article, shall be practitioners he…

Promulgate Guidelines, Rules and Regulations. The State Board of Medical Examiners may apply to contract with the National Institute of Drug Abuse for receipt of cannabis pursuant to the regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administra…

Each year, on or before the fifth day of the Regular Session of the Legislature the State Board of Medical Examiners, in conjunction with the board’s review committee, shall report their findings and recommendations to the Governor, the President of the Senate, and the Speaker of…

The enumeration of cannabis, tetrahydrocannabinols or a chemical derivative thereof as a Schedule I or II controlled substance under Article 2 of Chapter 2 of Title 20, as amended, does not apply to the use of such drugs or chemical derivatives thereof pursuant to the provisions …

Any person or any practitioner who prescribes or dispenses cannabis or any of its derivatives for reasons other than outlined in this article upon conviction thereof shall be guilty of a felony and shall be punished as provided in Section 13A-12-211. History: (Acts 1979, No. 79-4…

This article shall be known and may be cited as the Imitation Controlled Substances Act. History: (Acts 1982, No. 82-426, p. 670, §1.)

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2. (2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend c…

It is the intent of the Legislature to remove the merchandising of the “imitation controlled substance” or “lookalike drug” from the street corners, school yards, and campuses of our state, not to interfere with the legitimate distribution of “over the counter” formulations used …

Controlled Substances Prohibited; Penalties; Immunity of Certain Persons from Liability. (a) Manufacture or distribution. It is unlawful for any person to manufacture, distribute, or possess with intent to distribute or sell an imitation controlled substance. Any person who viola…

Nothing in this article shall apply to a noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. History: (Acts 1982, No. 82-426, p. 670, §7.)

As used in this article and unless otherwise specified, the following terms are defined as follows: (1) BOARD or BOARD OF PHARMACY. The Alabama State Board of Pharmacy. (2) LISTED PRECURSOR CHEMICAL. A chemical substance specifically designated as such by the Alabama State Board …

Established. (a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed precursor chemicals. (b) The Board of Pharmacy may subsequently by rule add chemicals as listed precursor chemicals following the criteria set forth in subdivision (2) of Sect…

Procedure; Record of Transactions. (a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor chemical defined in Section 20-2-181 must first obtain on a biennial basis a license …

(a) Any person having a legitimate need for using a listed precursor chemical defined in Section 20-2-181, shall apply in person to the Board of Pharmacy for a permit to possess such chemical each time said chemical is obtained. (b) The following must be submitted in person to th…

A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the license or permit holder has: (1) Furnished false or fraudulent material information in any application filed under this a…

(a) Any person who sells, transfers, purchases for resale, or otherwise furnishes to a person in this state a listed precursor chemical shall submit a report of the transaction on a form obtained from the Board of Pharmacy that includes the information required by Section 20-2-18…

Audits and Inspections of Records. (a) Any person, licensed or permitted, who discovers a loss or theft of, or disposes of a chemical listed in Section 20-2-181 shall: (1) Submit a report of the loss, theft, or disposal to the Board of Pharmacy no later than the third business da…

The Board of Pharmacy may adopt reasonable rules to effectuate the provisions of this article. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits or maintaining any records or forms required by this article and…

Licensing Requirements. (a) The provisions of this article shall not apply to the sale or transfer of products which include a listed precursor chemical if the product may be sold lawfully with a prescription or over the counter without a prescription under the Federal Food, Drug…

All listed precursor chemicals as defined in Section 20-2-181, which have been, or which are intended to be sold, transferred, manufactured, purchased for resale, possessed, or otherwise transferred in violation of a provision of this article shall be subject to forfeiture to the…

(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person: (1) Knowingly fails to comply with the reporting requirements of this article; (2) Knowingly makes a false statement in a report or record re…

(a) The Legislature finds the following: (1) The danger of methamphetamine manufacture to the public and especially to law enforcement involved in the investigation and clean-up of clandestine methamphetamine laboratories is of paramount concern. (2) Ephedrine or pseudoephedrine,…

(a) For the purposes of this section, the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution, trafficking, or any degree of manufacture of controlled substances, or …

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other …

(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20- 2-31 pursuant to the procedures of the Stat…

The controlled substances listed or to be listed in the schedules in Sections 20-2- 23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31 are included by whatever official, common, usual, chemical, or trade name designated. History: (Acts 1971, No. 1407, p. 2378, §202.)

The Alabama Legislature hereby finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitutes a serious threat to the health and welfare of the citizens of the State of Al…

For the purposes of this article, the following terms shall have the respective meanings ascribed by this section: (1) CERTIFYING BOARDS. Those boards designated in subdivision (3) of Section 20-2-2. (2) CONTROLLED SUBSTANCE. Any drug or medication defined as a controlled substan…

Duties of Department; Trust Fund; Advisory Committee; Review Committee. (a) The department may establish, create, and maintain a controlled substances prescription database program. In order to carry out its responsibilities under this article, the department is granted the follo…

(a) Each of the entities designated in subsection (b) shall report to the department, or to an entity designated by the department, controlled substances prescription information as designated by regulation pertaining to all Class II, Class III, Class IV, and Class V controlled s…

(a) The following individuals or entities shall be permitted access to the information in the controlled substances database, subject to the limitations indicated below: (1) Authorized representatives of the certifying boards; provided, however, that access shall be limited to in…

(a) The controlled substances database and all information contained therein and any records maintained by the department or by any entity contracting with the department which is submitted to, maintained, or stored as a part of the controlled substances prescription database, an…

Alteration, or Destruction of Information. Any person who intentionally makes an unauthorized disclosure of information contained in the controlled substances prescription database shall be guilty of a Class A misdemeanor. Any person or entity who intentionally obtains unauthoriz…

There is hereby assessed a surcharge in the amount of ten dollars ($10) per year on the controlled substance registration certificate of each licensed medical, dental, podiatric, optometric, and veterinary medicine practitioner authorized to prescribe or dispense controlled subst…

The department is authorized to grant funds to participating pharmacies for the purpose of reimbursing reasonable costs for dedicated equipment and software incurred by pharmacies in complying with the reporting requirements of this article. Such grants shall be funded by gifts, …

The department may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines necessary to carry out the purpose of the program. Notwithstanding amounts contained in the fund that remain …

The State Board of Health shall place a substance in Schedule I if it finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. History…

Any person or entity required to report information concerning controlled substance prescriptions to the department, or to its designated agent, pursuant to the requirements of this article shall not be liable to any person for any claim of damages as a result of the act of repor…

(a) The Legislature finds the following: (1) New synthetic substances are being created which are not controlled under the provisions of existing state law but which have a potential for abuse similar to or greater than that for substances controlled under existing state law. The…

The State Board of Health shall place a substance in Schedule II if it finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; an…

The controlled substances listed in this section are included in Schedule II: (1) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by …

As used in this article, the following words shall have the following meanings: (1) ADMINISTER. The direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following: a. A collaborating p…

Formularies, Medical Regimens. (a) The Board of Medical Examiners is hereby designated as the certifying board for the registration and approval of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) in obtaining or renewing a Qualified Alabama Con…