HB47 Alabama 2019 Session

Under existing law, a controlled substance included in Schedule V may only be distributed or dispensed for a medical purpose

This bill would provide that a controlled substance included in Schedules II, III, IV, or V may only be dispensed or distributed for a legitimate medical purpose pursuant to a prescription by a practitioner acting in the usual course of his or her business

Under existing law, it is a Class B felony for a person licensed to distribute or dispense a controlled substance to dispense or distribute a controlled substance in violation of the law

This bill would amend the elements of the crime to provide that a person commits the crime if he or she acts knowingly or intentionally

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 persons licensed to distribute or dispense controlled substances; to amend Sections 20-2-58 and 20-2-71, Code of Alabama 1975, to provide that certain controlled substances may only be distributed or dispensed for a legitimate medical purpose pursuant to a prescription by a practitioner; to further provide for the crime of unlawfully distributing or dispensing a controlled substance; 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.