SB46 Alabama 2021 Session

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 Compassion Act

This bill would authorize certain residents of this state diagnosed with a qualifying medical 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, provide for commission membership, and impose the following duties: Establish and administer a patient registry system; issue medical cannabis cards; issue licenses for the cultivating, processing, dispensing, transporting, and testing of medical cannabis; adopt rules; impose restrictions on licensee activity; and generally regulate, administer, and enforce a medical cannabis program in the state

This bill would require a seed-to-sale system to track all aspects of medical cannabis production, from cultivation to sale of final product

This bill would require physicians to meet certain qualifications established by rule by the State Board of Medical Examiners in order for physicians to recommend medical cannabis to patients

This bill would authorize the Department of Agriculture and Industries to regulate the cultivation of cannabis for medical use

This bill would provide for sales taxes

This bill would establish the Alabama Medical Cannabis Commission Fund and provide for expenditures

This bill would provide for certain criminal and civil immunities when an individual is acting pursuant to this act

This bill would prohibit the ingestion of any raw plant material, and would prohibit any smokeable or vaping product

This bill would provide certain legal protections to employers

This bill would prevent an employee who uses medical cannabis from qualifying for workers' compensation in certain circumstances

This bill would create the Medical Cannabis Research Consortium to provide grant monies using tax proceeds for research on cannabis and medical cannabis

This bill would provide public health and safety safeguards, including security measures, packaging and labeling requirements, and criminal background checks for licensed facility employees

This bill would also revise the crime of trespass in the first degree

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 cannabis; to add a new Chapter 2A to Title 20, Code of Alabama 1975; to amend Section 13A-7-2, Code of Alabama 1975; to create the Compassion Act; to provide civil and criminal protections to certain patients with a qualifying medical condition who have 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 certification of patients to authorize use of medical cannabis; to license and regulate the cultivation, processing, transporting, testing, and dispensing of medical cannabis; to prohibit certain types of medical cannabis products; to provide for patient registry and seed-to-sale tracking; to impose taxes; to provide certain legal protections for users of medical cannabis; to provide certain legal protections for employers; to provide further for workers' compensation benefits in certain circumstances where an employee uses medical cannabis; to amend the crime of trespass in the first degree; to establish the Medical Cannabis Research Consortium to award research grants using tax proceeds; 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.