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

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

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

(1) Authorized by the UAB Department . Authorized by the UAB Department implies that Cannabidiol (CBD) happens to be 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 within the plant Cannabis sativa L. or other planning thereof this is certainly really free of plant product, and it has A thc amount of no significantly more than 3 per cent. Also 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 any other neurological disorder, or the treating epilepsy or other neurological disorder that, as identified by way of a board-certified neurologist underneath the employment 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 for the unlawful possession of cannabis beneath the regulations for this state, it really is an affirmative and defense that is complete the prosecution that the defendant includes 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 illegal control of cannabis underneath the legislation with this state, its an affirmative and complete protection towards the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the moms and dad or caretaker of someone who has a debilitating epileptic condition and who may have a prescription for the control and make use of of cannabidiol (CBD) as authorized because of the UAB Department, and where in actuality the moms and dad or caretaker’s control associated with the CBD is on the behalf of and otherwise when it comes to prescribed man or woman’s just use.

( ag e) a company with this state or perhaps a governmental subdivision thereof, including any police agency, might not start procedures to get rid of a kid from the house where can you get cbd oil of the parent based solely upon the moms and dad’s or young child’s control or usage of cannabidiol (CBD) as authorized by this area.

(f) A prescription when it comes to control or usage of cannabidiol (CBD) as authorized by this section will be provided solely by the UAB Department for the debilitating condition that is epileptic. Medical care practitioners associated with UAB Department will probably be the only real authorized supply of any prescription for the usage of cannabidiol (CBD), and will be the only authorized supply to make use of cannabidiol (CBD) in or as part of the treating a person clinically determined to have a debilitating epileptic condition. a healthcare practitioner for the UAB Department shall have the only authority to determine the usage or quantity of cannabidiol (CBD), if any, into the remedy for a specific clinically determined to have a debilitating condition that is epileptic.

(g) The UAB Department and any UAB School of Medicine affiliated pediatric training entity, including any authorized physician, nursing assistant, attendant, or representative thereof, shall never be at the mercy of prosecution for the illegal possession, usage, distribution, or prescription of cannabis beneath the laws and regulations with this state for the tasks arising directly out of or straight regarding 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 conditions that are epileptic.

(i) The UAB Department and any UAB School of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall never be subject to prosecution for the unlawful possession, usage, or distribution of cannabis beneath the rules for this state for the tasks arising straight away from or directly linked to the division’s research and development tasks in search of medical advantages and uses of cannabidiol (CBD), so long as the prescription, therapy or usage of cannabidiol (CBD) is provided simply to people identified as having a debilitating condition that is epileptic.

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

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

(l) absolutely Nothing in this area will probably be construed to permit or accommodate the prescription, evaluating, medical usage, or possession of every other type of Cannabis apart from that defined in this part.

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