HB104 Alabama 2014 Session

Summary

Primary Sponsor

Mike Ball

Republican

Co-Sponsors

Patricia ToddAllen Farley

Session

Regular Session 2014

Title

Marijuana, medical necessity, defense against prosecution

Summary

HB104 would create a medical necessity defense for CBD possession tied to a debilitating medical condition and allow parents or guardians to possess CBD for a qualifying minor, while designating the measure as Carly's Law and addressing local-funds rules.

What This Bill Does

Creates an affirmative defense to unlawful possession of marijuana in the second degree for a person diagnosed with a debilitating medical condition who possesses cannabidiol (CBD) likely to provide therapeutic or palliative relief. Creates an affirmative defense for a parent or legal guardian who possesses CBD on behalf of a minor with a debilitating medical condition who has been prescribed CBD by a physician in a bona fide physician-patient relationship. Defines key terms (bona fide physician-patient relationship, debilitating medical condition, CBD) and clarifies that the bill is excluded from certain local-funds expenditure requirements due to its classification as Carly's Law. Establishes the act's effective date and its formal naming as Carly's Law.

Who It Affects

• Individuals diagnosed with a debilitating medical condition who possess CBD and could be charged with unlawful possession of marijuana in the second degree.
• Parents or legal guardians who possess CBD on behalf of a minor with a debilitating medical condition and who meet the physician-patient relationship requirements.

Key Provisions

• Provides an affirmative defense to unlawful possession of marijuana in the second degree if the defendant has a debilitating medical condition diagnosed by a physician and possesses CBD likely to provide therapeutic or palliative relief.
• Provides an affirmative defense to unlawful possession of marijuana in the second degree for a parent or legal guardian who possesses CBD for a minor diagnosed with a debilitating medical condition and prescribed CBD by a physician in a bona fide physician-patient relationship.
• Defines key terms: bona fide physician-patient relationship, debilitating medical condition, and cannabidiol (CBD).
• States the bill is excluded from local-funds expenditure requirements under Amendment 621 because it defines a new crime or amends the definition of an existing crime.
• Names the act as Carly's Law and sets the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Marijuana