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 be understood that will be cited as “Carly’s Law.”

(b) As found in this part, listed here 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 healthcare practitioner used by or on behalf of the UAB Department.

(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found within the plant Cannabis sativa L. or just about any other planning thereof this is certainly really free of plant product, and contains 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 epileptic condition . Epilepsy or other disorder that is neurological or the treating epilepsy or any other neurological condition that, as identified by a board-certified neurologist underneath the work or authority of this UAB Department, creates serious, debilitating, or life-threatening seizures.

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

(c) In a prosecution for the illegal control of cannabis beneath the laws and regulations of the 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 control of cannabis beneath the legislation of the state, it really is an affirmative and complete defense into the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the moms and dad or caretaker of somebody who features a debilitating epileptic condition and who’s got 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 for the prescribed man or woman’s just use.

( ag e) a company with this state or a subdivision that is political, including any police agency, may well not start procedures to eliminate a kid through the house of the parent based entirely upon the parent’s or child’s control or utilization of cannabidiol (CBD) as authorized by this area.

(f) A prescription when it comes to control or utilization of cannabidiol (CBD) as authorized by this part will be supplied solely by the UAB Department for the debilitating epileptic condition. Medical care practitioners associated with the UAB Department will probably be the only real authorized way to obtain any prescription for the usage of cannabidiol (CBD), and will probably be the only authorized source to make use of cannabidiol (CBD) in or as part of the treatment of a person clinically determined to have a debilitating epileptic condition. a healthcare practitioner of this UAB Department shall have the only real authority to look for the usage or level of cannabidiol (CBD), if any, into the remedy for an specific identified as having 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 cbd oil prescription of marijuana beneath the guidelines with this state because of its tasks arising straight away from or straight pertaining to the prescription or utilization of cannabidiol (CBD) into 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 great things about 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 physician, nurse, attendant or agent thereof, shall not be subject to prosecution for the illegal control, use, or circulation of cannabis underneath the laws and regulations with this state because of its activities arising straight away from or straight pertaining 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 utilization of cannabidiol (CBD) is supplied simply to people identified as having a debilitating epileptic condition.

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

(k) This area is repealed July 1, 2019.

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

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