Unfortunately, even though CBD possession is legal in Alabama, obtaining the drug is extremely difficult because there are no provisions for either distribution or cultivation. The only benefit of the Alabama medical marijuana law is that it decriminalizes possession. Patients have to go to another state to find CBD, and then they risk being caught transporting it over state lines — a federal crime. On Apr. 1, 2014, Alabama Governor Robert Bentley signed SB 174, known as “Carly’s Law,” which allows an affirmative defense against prosecution for CBD possession by people suffering from a debilitating epileptic condition. The law states that “a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [University of Alabama at Birmingham] Department for a debilitating epileptic condition.” Since marijuana is illegal under federal laws, doctors are not allowed to write “prescriptions” for it. The states that have legal medical marijuana allow doctors to “recommend” it.
Please note: Alabama is still pending legislative vote. However, the state has outlined several key factors for the medical marijuana program in Alabama, but it has not been legally enacted as of this time.
At a Glance
At a Glance
At a Glance
Year started: 2014
Age restriction: No
Home grow: No
Possession limit: None
Reciprocity: Leni’s Law does not specify that the patient must be a resident of Alabama or otherwise restrict residency for protection under the law.
Legislation: Leni’s Law.Carly’s Law – Senate bill 174
Important Legislation & Dates
Important Legislation & Dates
Leni’s Law – decriminalized the cannabis extract known as cannabidiol, or CBD
Carly’s Law – Senate bill 174 – April 2014 effectively allowing for an affirmative defence against prosecution for the use of the cannabis cannabinoid “CBD”
SB 174, “a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [the University of Alabama at Birmingham] Department for a debilitating epileptic condition
Types of Licenses
Types of Licenses
None – In Alabama obtaining the drug is extremely difficult because there are no provisions for either distribution or cultivation.
Obtaining CBD Oil
Obtaining CBD Oil
A prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [the University of Alabama at Birmingham] Department for a debilitating epileptic condition.
Any physician may recommend and provide CBD, but a recommendation is not required.
CBD oil is not sold commercially in Alabama, therefore patients must visit neighbouring states or order online and risk quality.
Qualifying Conditions
Qualifying Conditions
• Cachexia or wasting syndrome;
• Severe or chronic pain;
• Severe nausea;
• Seizures; severe and persistent muscle spasms.
• There is additionally a catchall to include any other condition that is severe and resistant to conventional medicine as an eligible condition.
Caregiver
Caregiver
Caregivers
Carly’s Law previously provided a protection for caretakers of patients, but this was deleted under the Leni’s Law amendments
Physicians
Physicians
Physicians
Under Leni’s Law, physicians with a bona fide physician-patient relationship to the patient may recommend CBD, but a recommendation is not required. This would allow physicians who otherwise treat a patient to prescribe CBD to such patient but is designed to exclude one-off engagements for the purposes of providing CBD from protection under the law.
