Alabama Code Title 13A. Criminal Code § 13A-12-214.2

Alabama Code Title 13A. Criminal Code § 13A-12-214.2

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(a) This section will probably be known that can be cited as “Carly’s legislation.”

(b) As found in this part, the next terms shall have the meanings that are following

(1) Authorized by the UAB Department . Authorized by the UAB Department ensures that Cannabidiol (CBD) was prescribed by a medical care practitioner used by or with respect to the UAB Department.

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found when you look at the plant Cannabis sativa L. or just about any other planning thereof that is really clear of plant product, and has now a level that is thc of significantly more than 3 percent. Additionally known as (synonyms): 2-(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-tran-Cannabidiol.

(3) Debilitating epileptic condition . Epilepsy or other disorder that is neurological or the treatment of epilepsy or any other neurological condition that, as identified with a board-certified neurologist underneath the work or authority for the UAB Department, creates serious, debilitating, or lethal seizures.

(4) UAB department . The Department of Neurology during the University of Alabama at Birmingham, its successors, or any subdivisions.

(c) In a prosecution for the unlawful control of cannabis beneath the legislation for this state, it really is an affirmative and defense that is complete the prosecution that the defendant has a debilitating epileptic condition and utilized or possessed cannabidiol (CBD) pursuant to a prescription authorized because of the UAB Department.

(d) In a prosecution for the illegal possession of cannabis beneath the laws and regulations for this state, it really is an affirmative and complete protection towards the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the parent or caretaker of a person who features a debilitating epileptic condition and that has a prescription for the control and make use of of cannabidiol (CBD) as authorized by the UAB Department, and where in fact the moms and dad or caretaker’s control for the CBD is with respect to and otherwise when it comes to prescribed man or woman’s only use.

( e) a company with this state or even a governmental subdivision thereof, including any police force cbd agency, might not start procedures to eliminate a kid through the home of the parent based entirely upon the moms and dad’s or child’s control or usage of cannabidiol (CBD) as authorized by this section.

(f) A prescription for the control or usage of cannabidiol (CBD) as authorized by this part will be supplied exclusively because of the UAB Department for the debilitating condition that is epileptic. Health care practitioners for the UAB Department will probably be the only real authorized way to obtain any prescription for the usage of cannabidiol (CBD), and will be the only real authorized supply to utilize cannabidiol (CBD) in or as an element of the treating a person identified as having a debilitating epileptic condition. a medical care practitioner associated with the UAB Department shall have the only authority to look for the usage or level of cannabidiol (CBD), if any, into the remedy for a specific clinically determined to have a debilitating epileptic condition.

(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant, or representative thereof, shall not be at the mercy of prosecution for the illegal possession, usage, circulation, or prescription of cannabis under the laws and regulations for this state for the tasks arising straight away from or straight linked to the prescription or utilization of cannabidiol (CBD) into the remedy for people clinically determined to have a debilitating condition that is epileptic.

(h) The UAB Department will establish an investigation and development study purposed to determine medical uses and advantages of cannabidiol (CBD) for individuals with debilitating epileptic conditions.

(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall never be at the mercy of prosecution when it comes to illegal control, usage, or circulation of marijuana beneath the rules for this state for the tasks arising straight away from or directly pertaining to the division’s research and development tasks in search of medical advantages and uses of cannabidiol (CBD), provided that the prescription, therapy or utilization of cannabidiol (CBD) is supplied simply to people clinically determined to have a debilitating condition that is epileptic.

(j) Pursuant towards the filing needs of Rule 15.3 for the Alabama Rules of Criminal Procedure , the defendant shall create a valid prescription, official certification of a debilitating epileptic condition, while the title of the prescribing health care professional authorized by the UAB Department.

(k) This part is repealed 1, 2019 july.

(l) absolutely Nothing in this area will be construed to permit or accommodate the prescription, assessment, medical usage, or possession of any other kind of Cannabis apart from that defined in this area.

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