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 area will probably be known and can even be cited as “Carly’s legislation.”

(b) As utilized in this part, the next terms shall have the after definitions:

(1) Authorized by the UAB Department . Authorized by the UAB Department ensures that Cannabidiol (CBD) is 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 when you look at the plant Cannabis sativa L. or virtually any planning thereof that is really clear of plant product, and contains A thc amount of no significantly 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 epileptic condition . Epilepsy or other disorder that is neurological or the treating epilepsy or other neurological disorder that, as identified with a board-certified neurologist underneath the employment or authority associated with 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 illegal possession of cannabis beneath the rules with this state, its an affirmative and complete protection to the prosecution that the defendant has a debilitating epileptic condition and used or possessed cannabidiol (CBD) pursuant to a prescription authorized because of the UAB Department.

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

( ag e) a company for this state or perhaps a political subdivision thereof, including any law enforcement agency, might not start procedures to get rid of a young child through the home of a moms and dad based entirely upon the parent’s or young child’s control or usage of cannabidiol (CBD) as authorized by this section.

(f) A prescription for the control or utilization of cannabidiol (CBD) as authorized by this area will be provided solely by the UAB Department for the debilitating condition that is epileptic. Medical care practitioners for the UAB Department will be the only real authorized supply of any prescription for making use of cannabidiol (CBD), and will probably be the only real authorized supply to utilize cannabidiol (CBD) in or as part of the treating a person identified as having a debilitating epileptic condition. a health care practitioner of this UAB Department shall have the only authority to determine the usage or level of cannabidiol (CBD), if any, when you look at the remedy for an individual 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 agent thereof, shall never be at the mercy of prosecution when it comes to illegal control, usage, distribution, or prescription of cannabis underneath the guidelines of the 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 individuals clinically determined to have a debilitating condition that is epileptic.

(h) The UAB Department will establish a research and development research purposed to determine medical uses and great things about 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 not be at the mercy of prosecution when it comes to illegal control, usage, or circulation of cannabis underneath the regulations for this state because of its activities arising straight away from or straight linked to the division’s research and development tasks in search of medical advantages and uses of cannabidiol (CBD), provided that the prescription, cbd oil for sale therapy or usage of cannabidiol (CBD) is supplied simply to individuals clinically determined to have a debilitating epileptic condition.

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

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

(l) absolutely Nothing in this part will be construed to permit or accommodate the prescription, evaluation, medical use, or control of every other kind of Cannabis apart from that defined in this area.

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