HB227 Alabama 2023 Session

Summary

Primary Sponsor

David Cole Representative

Republican

Session

Regular Session 2023

Title

Relating to medical cannabis; to amend Sections 20-2A-3, 20-2A-8, 20-2A-21, 20-2A-32, 20-2A-36, and 20-2A-64, Code of Alabama 1975, to further provide for the conditions that are considered a qualifying medical condition; to further restrict individuals from having an economic interest in a licensee and to establish a time period for the prohibition; to further provide for the definition of a registered certifying physician and provide that a registered certifying physician may only certify a patient for medical cannabis use if he or she is board certified in the field of specialty required to diagnose a qualifying medical condition as provided by law; to prohibit a non-registered certifying physician from having a financial arrangement with a registered certifying physician for patient referrals; to provide that an individual cannot qualify as a registered caregiver if he or she is also a qualified registered patient; to further provide for location restrictions and dispensing protocols for a dispensary; to make it a crime for an individual to sell a medical cannabis card; 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

Under existing law, a person must have a qualifying medical condition to use medical cannabis.

This bill would further provide for the conditions that are considered a qualifying medical condition.

Under existing law, no employee or member of the Alabama Medical Cannabis Commission or family member of a member of the commission may have an economic interest in a licensee.

This bill would expand this prohibition to include other individuals and establish a time period for the prohibition.

Under existing law, a registered certifying physician may certify patients for the use of medical cannabis.

This bill would further provide for the definition of a registered certifying physician and provide that a registered certifying physician may only certify a patient for medical cannabis use if he or she is board certified in the field of specialty required to diagnose a qualifying medical condition as provided by law.

This bill would prohibit a non-registered certifying physician from having a financial HB227 INTRODUCED arrangement with a registered certifying physician for patient referrals.

Under existing law, a designated caregiver may use medical cannabis if he or she is also a registered qualified patient.

This bill would provide that an individual cannot qualify as a registered caregiver if he or she is also a qualified registered patient.

Under existing law, a dispensary is required to comply with certain location restrictions and dispensing protocols.

This bill would further provide for location restrictions and dispensing protocols for a dispensary.

This bill would make it a crime for an individual to sell a medical cannabis card.

Section 111.05 of the Constitution of Alabama of 2022, 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 HB227 INTRODUCED 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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