HB 243

Sponsors

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.

Description

Under existing law, unlawful possession of marijuana in the first degree is a Class C or Class D felony, and unlawful possession of marijuana in the second degree is a Class A misdemeanor

This bill would create the CARE Act

This bill would exempt from the crime of unlawful possession of marijuana a person with a qualifying condition who has a valid medical cannabis card for the medical use of cannabis

Carly's Law authorizes the University of Alabama at Birmingham to conduct research on the use of cannabidiol (CBD) in specified circumstances and provides a defense against unlawful possession of marijuana under the research program. The law expires July 1, 2019

This bill would extend Carly's Law until January 1, 2021

Leni's Law provides a defense against unlawful possession of marijuana for an individual in possession of CBD if the person has a debilitating medical condition

This bill would revise Leni's Law to make conforming changes to the substantive provisions of the law, and repeal the law November 1, 2020

This bill would authorize residents of this state diagnosed with a qualifying condition and designated caregivers to be registered and obtain a medical cannabis card, thereby authorizing the patient to use cannabis for medical use

This bill would establish the Alabama Medical Cannabis Commission and provide for its membership

This bill would require the Medical Cannabis Commission to establish and administer a patient registry system that registers patients with certain qualifying conditions, to issue medical cannabis cards, to issue licenses for the cultivation, processing, transportation, manufacturing, packaging, dispensing, and sale of cannabis, to adopt rules, and to generally regulate, administer, and enforce a medical cannabis program in the state

This bill would authorize the Department of Agriculture and Industries to inspect licensed facilities under the program

This bill would impose sales and use taxes

This bill would establish a Medical Cannabis Fund within the General Fund and provide that all tax proceeds and license fees deposited in the fund that exceed the costs of the Medical Cannabis Commission to administer the program would be deposited in the General Fund

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

Relating to the medical use of marijuana; to amend Sections 13A-12-213, 13A-12-214, 3A-12-214.2, and 13A-12-214.3, Code of Alabama 1975, and to add a new Chapter 33 to Title 2, Code of Alabama 1975; to create the CARE Act; to exempt from the crime of unlawful possession or use of marijuana a resident diagnosed with a qualifying condition who has a valid medical cannabis card for the medical use of cannabis; to establish the Alabama Medical Cannabis Commission and provide for its membership and duties; to provide for a patient registry system of qualified patients and designated caregivers and provide for issuance of medical cannabis cards to registrants; to license the cultivation, processing, transportation, manufacturing, packaging, dispensing, and sale of cannabis; to authorize the Department of Agriculture and Industries to inspect licensed facilities; to impose taxes; to create a Medical Cannabis Fund and provide for its proceeds and expenditures; to provide definitions; to extend Carly's Law; to make conforming changes to Leni's Law; to repeal Leni's Law at a later date; to require reporting to the Legislature; 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.

Subjects

Marijuana