SB46 Alabama 2021 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2021

Title

Medical Cannabis, program established to allow use of for certain conditions, defense against prosecution for marijuana possession established, Secs. 20-2A-1 to 20-2A-11, incl., 20-2A-20 to 20-2A-23, incl., 20-2A-30 to 20-2A-36, incl., 20-2A-50 to 20-2A-68, incl., added; Sec. 13A-7-2 am'd.

Summary

SB46 creates a regulated Alabama Medical Cannabis program with licensing, patient certification, and state oversight for medical cannabis use.

What This Bill Does

It establishes the Alabama Medical Cannabis Commission to license cultivators, processors, transporters, testing labs, and dispensaries, and to certify patients who may use medical cannabis. It creates a patient registry and medical cannabis cards, sets daily dosage limits (50 mg initially, up to 75 mg after 90 days or for terminal illness), and prohibits raw plant material and smoking. It imposes a 9% sales tax on retail medical cannabis, creates the Medical Cannabis Commission Fund and the Medical Cannabis Research Fund, requires seed-to-sale tracking and product testing, and includes various protections for patients, caregivers, and certain workers, while restricting advertising and limiting access to minors.

Who It Affects

• Qualified patients and designated caregivers who would be able to obtain and use medical cannabis with a valid card and physician certification, subject to age rules and dosage limits.
• Licensed industry participants (cultivators, processors, secure transporters, dispensaries, and testing labs) and their employees, who must meet licensing, ownership, residency, background check, security, and reporting requirements.

Key Provisions

• Creates the Darren Wesley 'Ato' Hall Compassion Act and the Alabama Medical Cannabis Commission to license and regulate medical cannabis activities, certify patients, manage a patient registry, and enforce rules.
• Defines license categories (cultivator, processor, secure transporter, state testing laboratory, dispensary, and integrated facility) with caps on numbers (e.g., no more than 12 cultivators, 4 processors, 4 dispensaries, 5 integrated facilities) and requires residency and minority ownership thresholds.
• Imposes seed-to-sale tracking, testing standards, and universal state symbol on packaging; requires child-resistant packaging and labeling, and restricts advertising to minimize youth appeal.
• Enacts patient protections (civil/criminal protections for valid patients and physicians for certifying patients) and limits on medical cannabis use, including a prohibition on smoking and a minor potency cap for minors; allows temporary and nonresident registrations under certain conditions.
• Imposes a 9% tax on retail sales of medical cannabis and a separate annual privilege tax on licensees; creates the Medical Cannabis Commission Fund and the Medical Cannabis Research Fund to support administration and research, with tax revenue allocation guidance.
• Includes governance, background checks for licensees and key personnel, licensing fees, renewal processes, possible fines, and procedures for hearings and appeals; revises criminal trespass provisions related to cultivation/processing sites.
• Establishes the Medical Cannabis Research Consortium to award grants for cannabis-related research and creates reporting requirements to the Legislature and other state officials.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Marijuana