Alabama

Navigating Alabama State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

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Background on State Laws

In 2014, the Alabama state legislature passed Carly’s Law (SB 174), which created an opportunity to become a legal patient with access to CBD with no more than 0.3% THC, contingent upon specific restrictions. In 2016, Leni’s Law (HB 61) was enacted, which removed some of the limitations of Carly’s Law and extended the affirmative defense language to several conditions. Under Leni’s Law, patients were eligible for the affirmative defense if they were diagnosed with a debilitating condition, regardless of the age of the patient. However, parents and guardians of minor patients still faced potential ineligibility for legal protections. In 2016, Alabama legislators approved The Alabama Industrial Hemp Research Act (SB 347). This paved the way for the state to integrate into the federal USDA hemp production program authorized by the 2018 Farm Bill. As of now only CBD is accessible in Alabama, following the 2018 Farm Bill regulations. In May of 2021, Alabama's Governor signed a bill that would provide medical cannabis access to Alabama's citizens with one of 18 conditions which includes intractable pain. When the program does begin, patients can expect limited product availability as the legislators who crafted the bill chose to limit available forms of cannabis to only capsules, lozenges, oils, topical patches, and suppositories. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Alabama fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Alabama can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	59/100
Arrest Protection 25/25 Affirmative Defense 13/20 Parental Rights Protections 16/20 Employment Protections 0/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	11/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 1/30 Reciprocity 0/20
Program Functionality	60/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 0/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 0/10 - Allows Dried Flower 0/5 - Allows Edibles, Concentrates, and Other Forms 0/5 Provides Access to Minors on School Grounds 0/5
Affordability	19/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 14/20 Financial Hardship Waivers or Discounts 5/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	15/100
State Program Protections 0/25 Housing Protections 0/25 Access for Minors 8/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 7/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	146/200
Cultivation Operations 39/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 6/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 0/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 0/3 - Cannabinoids 0/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 4/7 Manufacturing Operations 37/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 8/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 0/1 Packaging and Labeling 1/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 2/5 Dispensary Operations 34/50 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 8/13 Laboratory Operations 36/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 3/5 Staff Training 10/20 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	16/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 10/10 Imposes Bans or Limits on THC 1/5 Imposes Bans or Limits on CBD 5/5
Excerpted from ASA's 2022 State of the States Report.