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HB207 Alabama 2014 Session

Updated Jul 24, 2021

Summary

Primary Sponsor
Mike Ball
Mike Ball
Republican
Session
Regular Session 2014
Title
Marijuana, medical necessity, defense against prosecution
Summary

HB207 would create medical-necessity defenses to possessing marijuana in the second degree for patients using CBD for a debilitating condition, and for parents or caretakers acting for such patients, while addressing related constitutional funding rules.

What This Bill Does

It provides an affirmative defense to a prosecution for unlawful possession of marijuana in the second degree when the defendant has a medically debilitating condition and possesses CBD likely to provide relief. It also allows a defense when a parent or caretaker possesses CBD on behalf of a patient with a physician-patient relationship who was advised CBD for relief. The bill defines key terms (bona fide physician-patient relationship, debilitating medical condition, and CBD) and designates the measure as Carly's Law, while noting local-funding provisions under Amendment 621 are addressed and the act becomes effective in the third month after passage.

Who It Affects
  • Individuals diagnosed with a debilitating medical condition who possess CBD for therapeutic or palliative relief, who could use the new defense if charged with unlawful possession of marijuana in the second degree.
  • Parents or caregivers who possess CBD on behalf of a patient with a bona fide physician-patient relationship and CBD recommended for relief, who could use the new defense if charged.
  • Medical professionals and patients involved in bona fide physician-patient relationships where CBD is recommended, as the defense relies on physician-diagnosed conditions and physician-patient relationships.
Key Provisions
  • Adds an affirmative defense of necessity to unlawful possession of marijuana in the second degree when the defendant has a medically debilitating condition and possesses CBD likely to provide therapeutic or palliative relief.
  • Adds an affirmative defense of necessity when a parent or caretaker possesses CBD for a patient with a debilitating medical condition who has a bona fide physician-patient relationship and was recommended CBD for relief.
  • Defines terms: bona fide physician-patient relationship, debilitating medical condition, and CBD (nonpsychoactive, THC ≤ 3%), and describes CBD as essentially free of plant material.
  • Declares Carly's Law, clarifies related constitutional funding provisions (Amendment 621) as they apply to the bill, and sets the effective date as the first day of the third month after passage.
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

Bill Actions

H

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Documents

Source: Alabama Legislature