HB47 Alabama 2019 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2019

Title

Crimes and offenses, controlled substances, distribution for a medical purpose, further provided, Secs. 20-2-58, 20-2-71 am'd.

Description

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.

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Subjects

Physicians