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 be understood and might be cited as “Carly’s legislation.”

(b) As found in this part, 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 healthcare 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 basically clear 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 neurological condition, or the treating epilepsy or any other neurological disorder that, as identified by a board-certified neurologist underneath the work or authority regarding 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 when it comes to illegal possession of cannabis beneath the guidelines of the state, it really is an affirmative and defense that is complete the prosecution that the defendant includes a debilitating epileptic condition and used or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.

(d) In a prosecution for the illegal possession of cannabis underneath the regulations for this state, it really is an affirmative and complete defense towards the prosecution that the defendant possessed cannabidiol https://cbdoilmeds.org (CBD) because she or he is the moms and dad or caretaker of somebody who features a debilitating epileptic condition and who has got a prescription when it comes to control and employ of cannabidiol (CBD) as authorized because of the UAB Department, and in which the moms and dad or caretaker’s possession of this CBD is with respect to and otherwise for the prescribed man or woman’s just use.

( ag ag e) a company with this state or even a governmental subdivision thereof, including any police agency, might not start proceedings to get rid of a kid through the home of the moms and dad based entirely upon the moms and dad’s or young child’s control or utilization 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 probably be supplied exclusively by the UAB Department for a debilitating condition that is epileptic. Healthcare practitioners of this UAB Department will be the only authorized way to obtain any prescription for the usage of cannabidiol (CBD), and shall be the sole authorized source to make use of cannabidiol (CBD) in or as part of the treating a person clinically determined to have a debilitating epileptic condition. a health care practitioner associated with UAB Department shall have the only authority to look for the usage or number of cannabidiol (CBD), if any, when you look at 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 physician, nursing assistant, attendant, or representative thereof, shall never be at the mercy of prosecution for the illegal possession, usage, distribution, or prescription of marijuana underneath the legislation of the state for the tasks arising straight away from or directly pertaining to the prescription or usage of cannabidiol (CBD) when you look at the remedy for people identified as having a debilitating epileptic condition.

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

(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 at the mercy of prosecution for the illegal control, usage, or circulation of cannabis beneath the guidelines with this state for the activities arising straight away from or straight linked to the division’s research and development tasks in search of medical benefits and uses of cannabidiol (CBD), so long as the prescription, treatment or utilization of cannabidiol (CBD) is supplied simply to people identified as having a debilitating condition that is epileptic.

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

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

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

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