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 probably be understood and may even be cited as “Carly’s Law.”

(b) cbd As found in this area, listed here terms shall have the following definitions:

(1) Authorized by the UAB Department . Authorized by the UAB Department means that Cannabidiol (CBD) happens to be prescribed by a medical care practitioner used 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 planning thereof that is really clear of plant material, and it has a level that is thc of a lot 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 any other neurological disorder, or the treating epilepsy or any other neurological condition that, as identified by way of a board-certified neurologist underneath the work or authority regarding the UAB Department, produces 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 when it comes to unlawful control of marijuana underneath the legislation for this state, it’s an affirmative and defense that is complete 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 for the unlawful control of cannabis underneath the regulations for this state, it really is an affirmative and complete protection into the prosecution that the defendant possessed cannabidiol (CBD) because they’re the parent or caretaker of someone who includes a debilitating epileptic condition and who’s got a prescription for the control and make use of of cannabidiol (CBD) as authorized because of 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 person’s only use.

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

(f) A prescription for the control or utilization of cannabidiol (CBD) as authorized by this part will be supplied solely by the UAB Department for a debilitating epileptic condition. Medical care practitioners associated with UAB Department will be the only real authorized supply of 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 treating a person clinically determined to have a debilitating condition that is epileptic. a healthcare practitioner regarding the UAB Department shall have the only real authority to look for the usage or quantity of cannabidiol (CBD), if any, into the remedy for an 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 doctor, nursing assistant, attendant, or agent thereof, shall never be susceptible to prosecution for the unlawful control, usage, circulation, or prescription of cannabis beneath the guidelines with this state for the tasks arising directly out of or directly associated with the prescription or usage of cannabidiol (CBD) into the remedy for people clinically determined to have a debilitating epileptic condition.

(h) The UAB Department will establish an investigation 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 subject to prosecution when it comes to illegal possession, use, or circulation of marijuana underneath the laws and regulations of the state because of its activities arising straight away from or straight regarding the division’s research and development activities 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 identified as having a debilitating condition that is epileptic.

(j) Pursuant towards the filing demands of Rule 15.3 for the Alabama Rules of Criminal Procedure , the defendant shall make a prescription that is valid official official certification of a debilitating epileptic condition, plus the name associated with prescribing health care professional authorized by the UAB Department.

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

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

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