0 chapters · 243 sections in this title.
Ala. Code § 20-2A-1 Short Title
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This chapter shall be known and may be cited as the Darren Wesley ‘Ato’ Hall Compassion Act. History: (Act 2021-450, §1.)
Ala. Code § 20-2A-10 Medical Cannabis Commission Fund
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(a) There is created a special account in the State Treasury to be known as the Medical Cannabis Commission Fund. Expenditures from the Medical Cannabis Commission Fund may be made only by the commission to implement, administer, and enforce this chapter. Specifically, the Medica…
Ala. Code § 20-2A-100 Creation, Composition; Board of Directors; Purposes; Annual Report;
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Medical Cannabis Research Fund. (a) As used in this section, cannabis, medical cannabis, and use of medical cannabis shall have the same meanings as defined in Section 20-2A-3. (b) There is established the Consortium for Medical Cannabis Research for the purpose of awarding grant…
Ala. Code § 20-2A-11 Possession of Lawfully Obtained Medical Cannabis Card
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The possession of a medical cannabis card lawfully obtained pursuant to this chapter does not infringe on the cardholder’s state or federal constitutional rights. History: (Act 2021-450, §1.)
Ala. Code § 20-2A-12 Severability
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The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, the declaration shall not affect the part that remains. History: (Act 2021-450, §1.)
Ala. Code § 20-2A-13 Ineligibility to Receive Compensation Due to Impairment of Employee
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by Medical Cannabis. An employee who is injured or killed under circumstances that might otherwise make the employee or the employee’s dependents eligible to receive worker’s compensation benefits under Chapter 5 of Title 25 is, along with the employee’s dependents, ineligible to…
Ala. Code § 20-2A-2 Legislative Findings
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The Legislature finds all of the following: (1) It is not the intent of this chapter to provide for or enable recreational use of marijuana in the State of Alabama. (2) Medical research indicates that the administration of medical cannabis can successfully treat various medical c…
Ala. Code § 20-2A-20 Creation; Composition; Qualifications; Compensation; Meetings;
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Officers and Employees. (a) The Alabama Medical Cannabis Commission is established. The commission shall consist of the following members, with initial members appointed not later than July 1, 2021: (1) Three members appointed by the Governor, one of whom is a physician licensed …
Ala. Code § 20-2A-21 Commission Members Prohibited from Certain Economic Interests
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(a) A member of the commission and any individual employed by the commission may not be an owner, shareholder, director, or board member of, or otherwise have any economic interest in, a licensee. In addition, a member or employee of the commission may not have any family member …
Ala. Code § 20-2A-22 Implementation of Chapter; Administration and Enforcement
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(a) The Alabama Medical Cannabis Commission shall implement this chapter by making medical cannabis derived from cannabis grown in Alabama available to registered qualified patients and by licensing facilities that process, transport, test, or dispense medical cannabis. (b) The c…
Ala. Code § 20-2A-3 Definitions
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As used in this chapter, the following terms have the following meanings: (1) APPLICANT. The entity or individual seeking a license under Article 4. (2) BOARD. The State Board of Medical Examiners. (3) CANNABIS. a. Except as provided in paragraph b., all parts of any plant of the…
Ala. Code § 20-2A-30 Registered Qualified Patient; Registered Caregiver
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(a)(1) A resident of this state who is 19 years of age or older is a registered qualified patient if he or she meets all of the following conditions: a. Has been certified by a registered certifying physician as having a qualifying medical condition. b. Is registered with the com…
Ala. Code § 20-2A-31 Registered Certifying Physician - Requirements
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(a) In order for a physician to qualify as a registered certifying physician, he or she must meet the following requirements: (1) Hold an active license to practice medicine under Chapter 24 of Title 34. (2) Complete a four-hour course related to medical cannabis and complete a s…
Ala. Code § 20-2A-32 Registered Certifying Physician - Prohibited Conduct
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A registered certifying physician may not do any of the following: (1) Except for the limited purpose of performing a medical cannabis-related study, accept, solicit, or offer any form of remuneration from or to a qualified patient, designated caregiver, or any licensee, includin…
Ala. Code § 20-2A-33 Physician Certifications of Patients; Rulemaking Authority; Patient
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Registry Information. (a) In order to certify a patient, a registered certifying physician must diagnose the patient with at least one qualifying medical condition or confirm that the patient has been medically diagnosed with at least one qualifying medical condition. (b) Not lat…
Ala. Code § 20-2A-34 Suspension of Driver’s License
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Any person who is recommended a daily dosage of medical cannabis that exceeds 75 mg of delta-9-tetrahydrocannabinol under paragraph (f)(2)b. of Section 20-2A- 33, shall automatically have his or her driver’s license suspended, regardless of whether he or she holds a valid medical…
Ala. Code § 20-2A-35 Alabama Medical Cannabis Patient Registry System
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(a) In order to commence, use, and maintain a reliable system to track all aspects of patient and caregiver qualification not later than September 1, 2022, the commission shall establish and administer an integrated, electronic patient and caregiver registry, known as the Alabama…
Ala. Code § 20-2A-36 Registration Requirements; Medical Cannabis Card
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(a) Once certified, a patient and, if applicable, the patient’s designated caregiver, shall register in the patient registry. The commission shall develop the application and renewal process for patient and designated caregiver registration, that shall include, but not be limited…
Ala. Code § 20-2A-4 Relation to Other Laws
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This chapter supersedes state criminal and civil laws pertaining to the recommending, acquisition, possession, use, cultivation, manufacturing, processing, research and development, and sale of medical cannabis. The acquisition, possession, use, cultivation, manufacturing, proces…
Ala. Code § 20-2A-5 Data Security
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All data related to the implementation of this chapter, including, but not limited to, application forms, licensing information, physician certifications, registration of qualified patients and designated caregivers, compliance, and the status of cannabis research programs must b…
Ala. Code § 20-2A-50 Licensing and Regulation of Medical Cannabis
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(a) The state hereby preemptively regulates medical cannabis from seed-to-sale and shall reasonably regulate and control all aspects of the medical cannabis industry to meet the intent of this chapter. All functions and activities relating to the production of medical cannabis in…
Ala. Code § 20-2A-51 License Quantities; Operation of Dispensing Sites
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(a) Where the commission is authorized under this article to determine the number of licenses of a specific license category the commission will grant, or increase the number of licenses of a specific license category to grant, the commission shall consider the population of the …
Ala. Code § 20-2A-52 Oversight of Medical Cannabis Facility Operations; Inspections and
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Audits of Licensees; Criminal Background Checks. (a) The commission shall have all powers necessary and proper to fully and effectively oversee the operation of medical cannabis facilities licensed pursuant to this article, including the authority to do all of the following: (1) …
Ala. Code § 20-2A-53 License Application Requirements
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(a) The commission shall adopt rules as necessary to implement, administer, and enforce this article in a timely manner that allows persons to begin applying for a license by September 1, 2022. Rules must ensure safety, security, and integrity of the operation of medical cannabis…
Ala. Code § 20-2A-54 Statewide Seed-to-Sale Tracking System
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(a) In order to ensure that all medical cannabis sold in the state maintains product quality to protect the health and welfare of state residents, the commission shall establish a statewide seed-to-sale tracking system for use as an integrated cannabis and medical cannabis tracki…
Ala. Code § 20-2A-55 License Application Procedures
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(a) Beginning September 1, 2022, a person may apply to the commission for a license for an integrated facility or for a license in one of the following independent categories: Cultivator, processor, secure transporter, state testing laboratory, or dispensary. The application shal…
Ala. Code § 20-2A-56 Notice and Comment Period; License Ineligibility; Issuance or Denial;
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Fee; Expiration and Renewal. (a) Before issuing any license under this article, the commission shall provide notice and a 30-day period during which members of the public may submit written comments regarding an applicant. The commission shall consider all comments received durin…
Ala. Code § 20-2A-57 Suspension, Revocation, Etc., of License
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(a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license: (1) An applicant or licensee fails to comply with this article or rules. (2) A licensee no longer meets the eligibility requirements for a license under this article. (3) An appli…
Ala. Code § 20-2A-58 Exclusivity of License; Transfer Request
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(a) Each license is exclusive to the licensee. A license, and any interest in or rights under a license, and any ownership interest or other beneficial interest in a licensed entity, may not be sold, transferred, assigned, conveyed, or otherwise disposed of in any manner, in whol…
Ala. Code § 20-2A-59 Criminal Background Check of Prospective Officers, Employees, Etc
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(a) The commission, prior to appointment, employment, or service for a licensee, shall require all officers, employees, contractors, and other individuals performing work of any character who would have access to cannabis, a medical cannabis facility, or related equipment or supp…
Ala. Code § 20-2A-6 Application of Chapter; Authorized Use of Medical Cannabis Construed
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for Medical, Employment, and Child Welfare Purposes. (a) This chapter does not do any of the following: (1) Require an insurer, organization for managed care, health benefit plan, or any individual or entity providing coverage for a medical or health care service to pay for or to…
Ala. Code § 20-2A-60 Third-Party Inventory Control and Tracking System
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(a) Except as otherwise provided in subsection (b), a licensee shall adopt and use a third-party inventory control and tracking system that is capable of interfacing with the statewide seed-to-sale tracking system to allow the licensee to enter or access information in the statew…
Ala. Code § 20-2A-61 Advertisement and Display Restrictions
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(a)(1) With regard to any physical structure or vehicle owned, leased, or otherwise used by a licensee, the licensee may not do either of the following: a. Advertise medical cannabis brand names or use graphics related to cannabis or paraphernalia on the exterior of the physical …
Ala. Code § 20-2A-62 Cultivator Licensing
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AMENDED BY ACT 2024-342, EFFECTIVE JUNE 1, 2024. SEE VERSION LABELED PENDING. (a)(1) A cultivator license authorizes all of the following: a. The cultivation of cannabis. b. The sale or transfer of cannabis to a processor. c. If the cultivator contracts with a processor to proces…
Ala. Code § 20-2A-63 Processor Licensing
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(a)(1) A processor license authorizes all of the following: a. The purchase or transfer of cannabis from a cultivator. b. The processing of cannabis into medical cannabis which shall include properly packaging and labeling medical cannabis products, in accordance with this sectio…
Ala. Code § 20-2A-64 Dispensary Licensing
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(a)(1) A dispensary license authorizes all of the following: a. The purchase or transfer of medical cannabis from a processor. b. If a cultivator contracted with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the purchase or transfer of medi…
Ala. Code § 20-2A-65 Secure Transporter Licensing
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(a) A secure transporter license authorizes the licensee to store and transport cannabis and medical cannabis for a fee upon request of a licensee. A license does not authorize transport to a registered qualified patient or registered caregiver. (b) A secure transporter shall com…
Ala. Code § 20-2A-66 State Testing Laboratory Licensing
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(a) A state testing laboratory license authorizes the licensee to possess and test cannabis and medical cannabis products cultivated or processed at licensed facilities. (b) The commission, by rule, shall establish protocols for product testing by a licensed state testing laborat…
Ala. Code § 20-2A-67 Integrated Facility Licensing
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(a) An integrated facility license authorizes all of the following: (1) The cultivation of cannabis. (2) The processing of cannabis into medical cannabis, including proper packaging and labeling of medical cannabis products. (3) The dispensing and sale of medical cannabis only to…
Ala. Code § 20-2A-68 Licenses as Revocable Privileges
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A license issued under this article is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. A licensee or any other person shall not lease, pledge, or borrow or…
Ala. Code § 20-2A-7 Possession of Marijuana by Registered Qualified Patient; Liability of
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Registered Certifying Physician; Arrest or Prosecution for Conduct Pursuant to Chapter; Violations of Criminal Law. (a) A registered qualified patient 19 years of age or older or registered caregiver is not subject to arrest or prosecution for unlawful possession of marijuana if …
Ala. Code § 20-2A-8 Diversion of Medical Cannabis or Medical Cannabis Products;
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Prohibited Conduct. (a)(1) An individual may not distribute, possess, manufacture, or use medical cannabis or a medical cannabis product that has been diverted from a registered qualified patient, a registered caregiver, or a licensed cultivator, processor, secure transporter, di…
Ala. Code § 20-2A-80 Tax on Retail Sales of Medical Cannabis; Annual Medical Cannabis
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Privilege Tax. (a) Commencing January 1, 2022, there is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected and remitted in accordance with Article 1, commencing with Section 40-23-1, of Chapter 23 of Title 40, a tax on the gross procee…
Ala. Code § 20-2A-9 Annual Written Reports
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The commission shall provide annual written reports to the Legislature, with the first due no later than January 1, 2022, tracking implementation of this chapter. The report shall be made publicly available and posted on the commission’s website. The report shall include all of t…