HB61 Alabama 2016 Session

Under existing law, it is an affirmative defense to a prosecution for the unlawful possession of marijuana if the defendant has a debilitating epileptic condition and he or she, or a parent or caretaker, used or possessed cannabidiol (CBD) pursuant to a prescription by a health care practitioner employed by the Department of Neurology at the University of Alabama at Birmingham (UAB). The availability of the affirmative defense is repealed on July 1, 2019

This bill would revise the affirmative defense to include a defendant who is prosecuted for unlawful possession of marijuana in the second degree if the defendant used the cannabidiol (CBD) because he or she was diagnosed with a debilitating medical condition, as defined in the bill, by a physician with whom he or she had a bona fide physician-patient relationship and the CBD provides the defendant with therapeutic or pallative relief

This bill would provide that the affirmative defense is also available to parents or legal guardians possessing CBD for a minor who was prescribed CBD to treat a debilitating medical condition and would eliminate the requirement that CBD be prescribed by health care practitioners employed by UAB

This bill would also remove the repeal of the affirmative defense on July 1, 2019

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-12-214.2, Code of Alabama 1975, relating to the possession and use of cannabidiol; to further provide for an affirmative defense for the use or possession of cannabidiol for certain debilitating conditions; to eliminate the requirement that cannabidiol be prescribed by a health care practitioner employed by UAB; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.