Alabama Code Title 13A. Criminal Code § 13A-12-214.2

Alabama Code Title 13A. Criminal Code § 13A-12-214.2

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(a) This part will probably be understood that can be cited as “Carly’s legislation.”

(b) As utilized in this part, listed here terms shall have the meanings that are following

(1) Authorized by the UAB Department . Authorized by the UAB Department ensures that Cannabidiol (CBD) is recommended by a medical care practitioner used by or with respect to the UAB Department.

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found within the plant Cannabis sativa L. or other planning thereof this is certainly really free of plant product, and has now a level that is thc of a lot more than 3 %. Additionally known as (synonyms): 2-(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-tran-Cannabidiol.

(3) Debilitating condition that is epileptic . Epilepsy or any other disorder that is neurological or the treating epilepsy or other neurological condition that, as identified by way of a board-certified neurologist under the work or authority associated with the UAB Department, creates serious, debilitating, or lethal seizures.

(4) UAB department . The Department of Neurology in the University of Alabama at Birmingham, its successors, or any subdivisions.

(c) In a prosecution when it comes to unlawful possession of cannabis beneath the regulations with this state ethanol structures, it really is an affirmative and defense that is complete the prosecution that the defendant has a debilitating epileptic condition and used or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.

(d) In a prosecution for the illegal control of marijuana beneath the guidelines for this state, it’s an affirmative and complete protection into the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the parent or caretaker of someone who includes a debilitating epileptic condition and who has got a prescription for the control and employ of cannabidiol (CBD) as authorized by the UAB Department, and in which the parent or caretaker’s possession for the CBD is with respect to and otherwise when it comes to prescribed person’s just use.

( e) a company for this state or a subdivision that is political, including any police force agency, may well not start procedures to get rid of a kid through the house of a moms and dad based solely upon the moms and dad’s or kid’s control or utilization of cannabidiol (CBD) as authorized by this part.

(f) A prescription for the possession or usage of cannabidiol (CBD) as authorized by this part will be supplied solely by the UAB Department for a debilitating condition that is epileptic. Healthcare practitioners associated with UAB Department will probably be the only real authorized way to obtain any prescription for the application of cannabidiol (CBD), and will probably be the only authorized source to utilize cannabidiol (CBD) in or as a part of the treating a person clinically determined to have a debilitating condition that is epileptic. a medical care practitioner regarding the UAB Department shall have the only real authority to look for the use or quantity of cannabidiol (CBD), if any, within the remedy for a specific identified as having a debilitating condition that is epileptic.

(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nursing assistant, attendant, or representative thereof, shall never be at the mercy of prosecution for the unlawful control, use, distribution, or prescription of cannabis beneath the regulations with this state for the tasks arising straight away from or directly pertaining to the prescription or usage of cannabidiol (CBD) into the treatment of people clinically determined to have a debilitating epileptic condition.

(h) The UAB Department will establish an investigation and development study purposed to determine medical uses and great things about cannabidiol (CBD) for individuals with debilitating epileptic conditions.

(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall never be susceptible to prosecution for the illegal control, usage, or circulation of cannabis beneath the laws and regulations of the state because of its tasks arising straight away from or straight pertaining to the division’s research and development tasks looking for medical advantages and uses of cannabidiol (CBD), so long as the prescription, therapy or usage of cannabidiol (CBD) is supplied simply to people clinically determined to have a debilitating epileptic condition.

(j) Pursuant towards the filing demands of Rule 15.3 of this Alabama Rules of Criminal Procedure , the defendant shall make a valid prescription, official certification of a debilitating epileptic condition, additionally the name associated with the prescribing health care expert authorized by the UAB Department.

(k) This area is repealed July 1, 2019.

(l) absolutely Nothing in this part will probably be construed to permit or accommodate the prescription, evaluating, medical usage, or control of any other type of Cannabis apart from that defined in this area.

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