0 chapters · 243 sections in this title.
Ala. Code § 20-2-32 Revision and Republication of Schedules
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The State Board of Health shall revise and republish the schedules annually. History: (Acts 1971, No. 1407, p. 2378, §213.)
Ala. Code § 20-2-50 Certifying Boards to Promulgate Rules and Charge Reasonable Fees
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for Registration and Administration of Provisions Relating to Manufacture, Etc., of Controlled Substances; Disposition of Fees Collected. (a) The certifying boards shall promulgate rules and charge reasonable fees to defray expenses incurred in registration and administration of …
Ala. Code § 20-2-51 Registration of Persons Manufacturing, Distributing, or Dispensing
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Controlled Substances - General Requirements. (a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtai…
Ala. Code § 20-2-52 Registration of Persons Manufacturing, Distributing or Dispensing
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Controlled Substances - Standards; Requirements as to Practitioners Conducting Research; Effect of Federal Registration. (a) The certifying boards shall register only an applicant certified by their respective boards to manufacture, dispense, or distribute controlled substances e…
Ala. Code § 20-2-53 Registration of Persons Manufacturing, Distributing or Dispensing
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Controlled Substances - Order to Show Cause; Proceedings; Review; Issuance of Stay. (a) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the certifying boards shall serve upon the applicant or registrant an order to show cause why regi…
Ala. Code § 20-2-54 Registration of Persons Manufacturing, Distributing or Dispensing
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Controlled Substances - Revocation or Suspension of Registration - Grounds and Procedure Generally. (a) A registration under Section 20-2-52 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the certifying boards upon a finding that the…
Ala. Code § 20-2-54.1 Rules and Regulations
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The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners, and the Medical Licensure Commission are each authorized to promulgate such rules and regulations as may be required to implement the provisions of this chapter. Histo…
Ala. Code § 20-2-55 Registration of Persons Manufacturing, Distributing or Dispensing
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Controlled Substances - Revocation or Suspension of Registration - Suspension Without Prior Order to Show Cause. The certifying boards may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 20-2- 54 or where …
Ala. Code § 20-2-56 Maintenance of Records and Inventories by Registrants Generally
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Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules issued by the State Board…
Ala. Code § 20-2-57 Distribution of Certain Controlled Substances by One Registrant to
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Another Registrant. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section. History: (…
Ala. Code § 20-2-58 Dispensing of Controlled Substances in Schedule II; Maintenance of
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Records and Inventories by Registered Pharmacies. (a) Except as otherwise provided in this section or as otherwise provided by law, a pharmacist may dispense directly a controlled substance in Schedule II only pursuant to a written prescription signed by the practitioner. Except …
Ala. Code § 20-2-60 Definitions
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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 supervising phy…
Ala. Code § 20-2-61 Certification; Access to Records; Establishment of Protocols,
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Formularies, or Medical Regimens. (a) The board is designated as the certifying board for the registration and approval of an assistant to physician in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate. The board is authorized to adopt regul…
Ala. Code § 20-2-62 Qualifications for Certificate
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The board may grant a Qualified Alabama Controlled Substances Registration Certificate to an assistant to physician who: (1) Is practicing with appropriate physician supervision as defined herein and in accordance with this article; Title 34, Chapter 24, Article 7, and all rules …
Ala. Code § 20-2-63 Prescriptive Authority of a Certified Assistant to Physician
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(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate and a valid registration number issued by the United States Drug Enforcement Administration, an assistant to physician may prescribe, administer, authorize for administration, or dispense only …
Ala. Code § 20-2-64 Denial of Application
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The board may deny an application of an assistant to physician requesting a Qualified Alabama Controlled Substances Registration Certificate, deny a request for a renewal of a QACSC, or initiate disciplinary action against an assistant to physician possessing a Qualified Alabama …
Ala. Code § 20-2-65 Disciplinary Action - Hearing; Restriction, Suspension, or Revocation of
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Certificate. (a) Any hearing for disciplinary action against an assistant to physician holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations of this article shall be before the board. (b) The board shall have the authority to restrict, su…
Ala. Code § 20-2-66 Disciplinary Action - Judicial Review
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(a) An assistant to physician adversely affected by an order of the board denying an application for a Qualified Alabama Controlled Substances Registration Certificate or the renewal of a Qualified Alabama Controlled Substances Registration Certificate may obtain judicial review …
Ala. Code § 20-2-67 Fees; Costs; Administrative Fines
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(a) The board is authorized to charge and collect fees to defray expenses incurred in the registration and issuance of Qualified Alabama Controlled Substances Registration Certificates and the administration of the provisions of this article. The types and amounts of fees shall b…
Ala. Code § 20-2-68 Liability for Actions Regarding Investigations or Disciplinary
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Proceedings. Any member of the board, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing c…
Ala. Code § 20-2-69 Promulgation of Rules
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The board may adopt rules necessary to carry out the intent, purposes, and provisions of this article. History: (Act 2009-489, p. 891, §1.)
Ala. Code § 20-2-71 Prohibited Acts B
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(a) It is unlawful for any person: (1) To knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58; (2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense…
Ala. Code § 20-2-72 Prohibited Acts C
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(a) It is unlawful for any person: (1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 20-2-57; (2) To use in the course of the manufacture or distribution of a controlled substance a re…
Ala. Code § 20-2-74 Prescription, Administration, Etc., of Controlled Substances by
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Practitioners of Veterinary Medicine for Use of Human Beings or by Practitioners of Dentistry for Persons Not Under Treatment in Regular Practice of Profession. (a) It shall be unlawful for any practitioner of dentistry to prescribe, administer, or dispense any controlled substan…
Ala. Code § 20-2-78 Penalties Imposed for Violations of Chapter in Addition to Other Civil or
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Administrative Penalties or Sanctions. Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law. History: (Acts 1971, No. 1407, p. 2378, §404.)
Ala. Code § 20-2-90 State Board of Pharmacy, Alabama State Law Enforcement Agency,
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Etc., to Enforce Chapter; Drug Inspectors to Meet Minimum Standards. (a) The State Board of Pharmacy and its drug investigators shall enforce this chapter. The agents and officers of the Alabama State Law Enforcement Agency, the drug and narcotic agents and inspectors of the Stat…
Ala. Code § 20-2-91 Inspection of Stocks of Controlled Substances and Prescriptions,
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Orders, Etc., Required by Chapter; Disclosure of Information as to Prescriptions, Orders, Etc., by Enforcement Personnel. (a) Prescriptions, orders, and records required by this chapter and stocks of controlled substances enumerated in Schedules I, II, III, IV, and V shall be ope…
Ala. Code § 20-2-92 Injunctions
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(a) The circuit courts of this state have jurisdiction to restrain or enjoin violations of this chapter. (b) The defendant may demand trial by jury for an alleged violation of an injunction or temporary restraining order under this section. History: (Acts 1971, No. 1407, p. 2378,…
Ala. Code § 20-2-93 Forfeitures; Seizures
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(a) For the purposes of this section only, the following words shall have the following meanings: (1) CHARGEABLE CRIMINAL OFFENSE. An offense in which property is used or otherwise implicated as property subject to forfeiture under subsection (b). The term includes any act that c…
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…