HB243 Alabama 2019 Session

Summary

Primary Sponsor

Mike Ball

Republican

Session

Regular Session 2019

Title

Medical Marijuana, program established to allow use of for certain conditions, defense against prosecution for marijuana possession established, Secs. 2-33-1 to 2-33-8, incl., 2-33-20 to 2-33-23, incl., 2-33-40 to 2-33-49, incl., added; Secs. 13A-12-213, 13A-12-214, 3A-12-214.2, 13A-12-214.3 am'd.

Summary

HB 243 would create Alabama's CARE Act to legalize and regulate medical cannabis, set up a state commission to issue patient cards and licenses, tax the sales, and fund the program.

What This Bill Does

The bill exempts qualifying patients with valid medical cannabis cards from unlawful possession charges. It extends Carly's Law and revises Leni's Law related to CBD, including a research framework at UAB. It creates the Alabama Medical Cannabis Commission to oversee the program, issue medical cannabis cards, license cultivation, processing, transportation, manufacturing, packaging, dispensing, and sale, and regulate testing and enforcement. It also establishes a patient registry, imposes taxes, and creates the Medical Cannabis Fund to manage revenues for program administration, with local governments allowed to regulate or ban certain activities under defined rules.

Who It Affects

• Qualified patients with qualifying conditions can obtain a medical cannabis card and use cannabis for medical purposes.
• Designated caregivers (including parents/guardians for minors) can assist patients and may hold medical cannabis cards under the program.
• Health care providers (physicians, physician assistants, and nurse practitioners) who diagnose qualifying conditions must complete a training course to become qualified health care providers.
• The Alabama Medical Cannabis Commission and its staff, which administers the program, licenses, and enforcement.
• Dispensaries, cultivators, processors, transporters, manufacturers, packaging, and dispensing facilities that must be licensed and regulated.
• Law enforcement, health care practitioners, and licensed dispensaries will access a secure patient registry to verify cardholders and ensure safe use.
• Residents traveling from other states with valid CBD cards may receive temporary access under reciprocity rules.
• Local governments, which may ban or regulate medical cannabis activities by a two-thirds vote, subject to time-limited thresholds, and must consider state rules.
• Insurers and employers are not required to cover or modify benefits or workplace policies for medical cannabis use.

Key Provisions

• Creation of the CARE Act (Compassion, Access, Research, and Expansion Act) to establish a comprehensive medical cannabis program.
• Exemption from unlawful possession for individuals with a valid medical cannabis card, with defenses extended to CBD use under Carly's Law and related provisions.
• Extension of Carly's Law and repeal of Leni's Law at specified future dates, with revisions to CBD-related defenses and protections.
• Establishment of the Alabama Medical Cannabis Commission with nine members, defined duties, conflict-of-interest rules, and monthly meetings.
• Creation of a patient registry and Medical Cannabis Cards system, including eligibility, provider qualifications, and card renewal processes.
• Licensing and regulation of cultivation, processing, transportation, manufacturing, packaging, dispensing, and sale of medical cannabis; provision for fast-track provisional licenses and on-site inspections; final license decisions by January 1, 2021.
• Seed-to-sale tracking and standardized product testing protocols (including cannabinoids, heavy metals, microbials, mycotoxins, pesticides, and solvents) to ensure medical-grade cannabis.
• Taxation of medical cannabis sales (9% state tax; up to 2.1% local sales tax) and a 10% net worth levy for rural licensees, with proceeds deposited into the Medical Cannabis Fund and, when appropriate, the General Fund.
• Data privacy and secure handling of all patient and program data; restrictions on selling or disclosing patient information.
• Reciprocity for out-of-state medical cannabis cards; annual reporting to the Legislature on program operation and outcomes.
• Local government exemptions and thresholds under Amendment 621 to permit or restrict local expenditures related to the program, with funding mechanisms outlined.

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