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

December 3, 2019

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

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(a) This part will be understood and could be cited as “Carly’s legislation.”

(b) As found in this area, listed here words shall have the following meanings:

(1) Authorized by the UAB Department . Authorized by the UAB Department implies that Cannabidiol (CBD) happens to be prescribed by a healthcare practitioner used by or with respect to the UAB Department.

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found within the plant Cannabis galaxy cbd sativa L. or just about any other planning thereof this is certainly really free of plant product, and has now a level that is thc of significantly more than 3 per cent. 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 neurological disorder, or the treating epilepsy or other neurological condition that, as identified with a board-certified neurologist underneath the work or authority for the UAB Department, creates serious, debilitating, or lethal seizures.

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

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

(d) In a prosecution for the unlawful control of marijuana underneath the laws and regulations of the state, it really is an affirmative and complete protection into the prosecution that the defendant possessed cannabidiol (CBD) because they’re the parent or caretaker of somebody who features a debilitating epileptic condition and who’s a prescription for the control and make use of of cannabidiol (CBD) as authorized by the UAB Department, and in which the moms and dad or caretaker’s control associated with CBD is with respect to and otherwise when it comes to prescribed man or woman’s just use.

( ag ag e) a company of the state or a governmental subdivision thereof, including any law enforcement agency, might not start proceedings to eliminate a young child through the house of a moms and dad based entirely upon the moms and dad’s or young child’s control or usage of cannabidiol (CBD) as authorized by this part.

(f) A prescription when it comes to control or utilization of cannabidiol (CBD) as authorized by this section will probably be supplied exclusively because of the UAB Department for a debilitating condition that is epileptic. Medical care 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 be the only real authorized source to make use of cannabidiol (CBD) in or as an element of the treating a person clinically determined to have a debilitating epileptic condition. a medical care practitioner associated with UAB Department shall have the only authority to look for the usage or quantity of cannabidiol (CBD), if any, within the treatment of an specific clinically determined to have a debilitating epileptic condition.

(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 when it comes to illegal possession, usage, circulation, or prescription of cannabis beneath the legislation with this state for the activities arising straight away from or straight linked to the prescription or utilization of cannabidiol (CBD) into the remedy for people identified as having a debilitating condition that is epileptic.

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

(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized physician, nurse, attendant or agent thereof, shall never be at the mercy of prosecution for the illegal possession, usage, or circulation of cannabis beneath the legislation of the state because of its tasks arising straight away from or directly pertaining to the division’s research and development activities in search of medical benefits and uses of cannabidiol (CBD), so long as the prescription, treatment or use of cannabidiol (CBD) is supplied simply to people clinically determined to have a debilitating condition that is epileptic.

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

(k) This part is repealed 1, 2019 july.

(l) absolutely Nothing in this part will be construed to permit or accommodate the prescription, assessment, medical usage, or possession of every other as a type of Cannabis besides that defined in this part.

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