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 part will be understood and may even be cited as “Carly’s legislation.”

(b) As found in this part, listed here words shall have the meanings that are following

(1) Authorized by the UAB Department . Authorized by the UAB Department ensures that Cannabidiol (CBD) is recommended by a medical care practitioner utilized 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 just about any planning thereof that is essentially free of plant product, and contains A thc amount of no significantly more than 3 per cent. 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 by a board-certified neurologist underneath the work or authority associated with 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 guidelines of the state, it really is an affirmative and complete defense to the prosecution that the defendant features a debilitating epileptic condition and utilized or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.

(d) In a prosecution when it comes to 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 includes a debilitating epileptic condition and that has 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 of this CBD is on the part of and otherwise when it comes to prescribed man or woman’s just use.

( ag ag e) a company with this state or perhaps a subdivision that is political, including any police force agency, may well not start procedures to eliminate a kid through the home of a moms and dad based entirely upon the moms and dad’s or child’s control or usage of cannabidiol (CBD) as authorized by this section.

(f) A prescription when it comes to control or usage of cannabidiol (CBD) as authorized by this area will probably be provided exclusively by the UAB Department for the debilitating epileptic condition. Medical care practitioners of this UAB Department will probably be the sole authorized supply of any prescription for making use of cannabidiol (CBD), and will probably be the only authorized supply to use 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 look for the use or number of cannabidiol (CBD), if any, within the remedy for an individual identified as having a debilitating epileptic condition.

(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 for the illegal control, usage, distribution, or prescription of cannabis beneath the regulations of the state for the tasks arising straight away from or directly associated with the prescription or utilization 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 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 doctor, nurse, attendant or agent thereof, shall never be susceptible to prosecution when it comes to illegal control, usage, or circulation of cannabis underneath the laws and regulations of the state for the tasks arising straight away from or straight associated with the division’s research and development tasks looking for medical advantages 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 to your filing demands of Rule 15.3 of this Alabama Rules of Criminal Procedure , the defendant shall create a legitimate prescription, official certification of a debilitating epileptic condition, in addition to title associated with prescribing health care expert authorized by the UAB Department.

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

(l) absolutely Nothing in this section will probably be construed to permit or accommodate the prescription, evaluating, medical usage, or control of every other kind of Cannabis besides that defined in this area.

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