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

December 2, 2019 in Inferior Olive

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

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(a) This part will probably be understood and can even be cited as “Carly’s legislation.”

(b) As utilized in this area, the following terms shall have the meanings that are following

(1) Authorized by the UAB Department . Authorized by the UAB Department means Cannabidiol (CBD) happens to be recommended by a medical care practitioner used by or with respect to the UAB Department.

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found within the plant Cannabis sativa L. or some other planning thereof this is certainly basically free of plant product, and it has A thc amount of no a lot more than 3 %. 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 condition that is epileptic . Epilepsy or other neurological condition, or the treating epilepsy or other neurological condition that, as identified with a board-certified neurologist underneath the work or authority of this 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 when it comes to illegal control of cannabis underneath the regulations for this cbd infused oil state, it really is an affirmative and defense that is complete the prosecution that the defendant features a debilitating epileptic condition and utilized or possessed cannabidiol (CBD) pursuant to a prescription authorized because of the UAB Department.

(d) In a prosecution when it comes to unlawful possession of cannabis underneath the rules for this state, it really is an affirmative and complete protection to your prosecution that the defendant possessed cannabidiol (CBD) because they’re the moms and dad 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 in which the parent or caretaker’s control associated with the CBD is with respect to and otherwise for the prescribed man or woman’s only use.

( e) a company of the state or even a governmental subdivision thereof, including any police agency, might not initiate procedures to eliminate a young child through the house of the parent based entirely upon the moms and dad’s or kid’s possession or utilization of cannabidiol (CBD) as authorized by this area.

(f) A prescription for the control or usage of cannabidiol (CBD) as authorized by this part will probably be supplied solely because of the UAB Department for a debilitating epileptic condition. Medical care practitioners of the UAB Department will be the only real authorized supply of any prescription for the usage of cannabidiol (CBD), and will be the only authorized source to utilize cannabidiol (CBD) in or as an element of the treating a person identified as having a debilitating epileptic condition. a healthcare practitioner of this UAB Department shall have the only real authority to look for the usage or quantity of cannabidiol (CBD), if any, within the remedy for an specific clinically determined to have a debilitating condition that is epileptic.

(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nursing assistant, attendant, or representative thereof, shall never be susceptible to prosecution when it comes to unlawful control, usage, circulation, or prescription of cannabis underneath the laws with this state for the tasks arising straight away from or straight linked to the prescription or usage of cannabidiol (CBD) when you look at the remedy for people clinically determined to have a debilitating epileptic condition.

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

(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall not be susceptible to prosecution for the illegal possession, usage, or circulation of cannabis underneath the legislation with this state because of its tasks arising straight away from or straight associated with the department’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 provided simply to people identified as having a debilitating condition that is epileptic.

(j) Pursuant into the filing demands of Rule 15.3 associated with the Alabama Rules of Criminal Procedure , the defendant shall make a valid prescription, official certification of a debilitating epileptic condition, while the name associated with prescribing health care pro authorized by the UAB Department.

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

(l) Nothing in this part will be construed to permit or accommodate the prescription, evaluation, medical usage, or possession of every other kind of Cannabis besides that defined in this part.

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