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

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(a) This area will be known that can be cited as “Carly’s legislation.”

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

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

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found in the plant Cannabis sativa L. or other preparation thereof this is certainly really free of plant product, and it has a level that is thc of significantly more than 3 percent. 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 epileptic condition . Epilepsy or other disorder that is neurological or the treating epilepsy or other neurological condition that, as identified by way of a board-certified neurologist underneath the work or authority for the UAB Department, creates serious, debilitating, or life-threatening seizures.

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

(c) In a prosecution for the illegal possession of cannabis underneath the rules with this state, its an affirmative and defense that is complete the prosecution that the defendant includes a debilitating epileptic condition and utilized or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.

(d) In a prosecution when it comes to illegal control of marijuana underneath the guidelines of the state, it really is an affirmative and complete defense into the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the parent or caretaker of somebody who includes a debilitating epileptic condition and who may have a prescription when it comes to control and make use of of cannabidiol (CBD) as authorized because of the UAB Department, and in which the moms and dad or caretaker’s control for the CBD is on the behalf of and otherwise for the prescribed man or woman’s only use.

( ag ag e) a company with this state or even a subdivision that is political, including any police force agency, may well not initiate procedures to eliminate a kid through the home of the parent based entirely upon the moms and dad’s or young child’s control or utilization of cannabidiol (CBD) as authorized by this area.

(f) A prescription for the possession or utilization of cannabidiol (CBD) as authorized by this area will be supplied solely because of the UAB Department for the debilitating epileptic condition. Healthcare practitioners regarding the UAB Department will be the only real authorized way to obtain any prescription for the utilization of cannabidiol (CBD), and will probably be the only authorized supply to make use of cannabidiol (CBD) in or as part of the treating a person clinically determined to have a debilitating condition that is epileptic. a healthcare practitioner regarding the UAB Department shall have the only real authority to determine the usage or number of cannabidiol (CBD), if any, into the remedy for an individual clinically determined to have a debilitating condition that is epileptic.

(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant, or representative thereof, shall never be at the mercy of prosecution for the illegal control, usage, circulation, or prescription of cannabis underneath the regulations for this state for the tasks arising directly away from or directly linked to the prescription or utilization of cannabidiol (CBD) into the remedy for people clinically determined to have a debilitating epileptic condition.

(h) The UAB Department will establish an investigation and development research 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 physician, nurse, attendant or agent thereof, shall never be at the mercy of prosecution when it comes to unlawful control, usage, or circulation of what is cbd cannabis underneath the regulations of this state because of its tasks arising straight away from or straight pertaining to the department’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 identified as having a debilitating condition that is epileptic.

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

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

(l) absolutely Nothing in this area will be construed to permit or accommodate the prescription, assessment, medical use, or control of any other type of Cannabis besides that defined in this part.

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