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 Law.”

(b) As found in this part, the next terms shall have the following meanings:

(1) Authorized by the UAB Department . Authorized by the UAB Department ensures that Cannabidiol (CBD) happens to be 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 other preparation thereof this is certainly basically clear of plant material, and has now A thc level 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 condition that is epileptic . Epilepsy or other disorder that is neurological or the treating epilepsy or any other neurological disorder that, as diagnosed with a board-certified neurologist underneath the work or authority associated with UAB Department, produces serious, debilitating, or life-threatening 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 control of cannabis underneath the legislation with this state, its an affirmative and complete protection to the prosecution that the defendant includes 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 marijuana beneath the laws and regulations of the state, its an affirmative and complete protection towards the prosecution that the defendant possessed cannabidiol (CBD) because he or she is the moms and dad or caretaker of someone who features a debilitating epileptic condition and that has a prescription for the possession and employ of cannabidiol (CBD) as authorized because of the UAB Department, and where in actuality the moms and dad or caretaker’s control regarding the CBD is on the behalf of and otherwise when it comes to prescribed man or woman’s only use.

( ag e) a company with this state or a governmental subdivision thereof, including any police agency, may well not start procedures to eliminate a son or daughter through the home of a 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 part.

(f) A prescription for the control or use of cannabidiol (CBD) as authorized by this area will be provided solely because of the UAB Department for the debilitating condition that is epileptic. Medical care practitioners for the UAB Department will probably be the only authorized supply of any prescription for the usage of cannabidiol (CBD), and will probably be the only authorized supply to make use of cannabidiol (CBD) cbd oil in or as an element of the treating a person identified as having a debilitating epileptic condition. a medical care practitioner of this UAB Department shall have the only authority to look for the usage or number of cannabidiol (CBD), if any, within the remedy for a specific identified as having a debilitating epileptic condition.

(g) The UAB Department and any UAB School 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 unlawful control, usage, circulation, or prescription of marijuana underneath the rules for this state because of its tasks arising straight out of or straight pertaining to the prescription or utilization of cannabidiol (CBD) into the treatment of 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 advantages of cannabidiol (CBD) for individuals with debilitating conditions that are epileptic.

(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall never be susceptible to prosecution for the illegal control, use, or circulation of cannabis beneath the guidelines of the state because of its activities arising straight away from or directly pertaining to the department’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 supplied simply to people diagnosed with a debilitating epileptic condition.

(j) Pursuant to your filing requirements of Rule 15.3 associated with the Alabama Rules of Criminal Procedure , the defendant shall create a legitimate prescription, official certification of a debilitating epileptic condition, as well as the title associated with prescribing health care professional authorized by the UAB Department.

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

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

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