Alabama Legalizes Marijuana for Medical Use

Medical Marijuana

Alabama joined the fast growing list of states who have enacted the law allowing the use of cannabis for medical purposes. The law was signed by Governor Kay Ivey on the 17th of May, 2021. The bill for the law was sponsored by state Sen. Tim Melson, R-Florence, who stated with pride that the new law will serve as a panacea to many residents of the state who suffer from various medical conditions, as this presents another option different from the ones they have unsuccessfully tried, he further stated that the bill was passed not because of an emotional or moral obligation, but rather from a scientific point of view as an anesthesiologist. The bill was introduced in the state house by Rep. Mike Ball, they both estimated that it could take a period of 12 months to get all regulatory structures in place, it could also take a shorter or longer time, however the bill has been passed successfully. 

The New law has presented a certain uncertainty as to what is allowed and what is not, this will however be made clear in the subsequent lines. The law prescribes that the drug may be used to treat certain ailments in both adults and minors  such as autism spectrum disorder, crohn’s disease, a terminal illness, depression, sickle cell anaemia, epilepsy, weight loss or nausea resulting from HIV/AIDS, panic disorder, Parkinson’s disease, tourette’s syndrome, persistent nausea, post-traumatic stress disorder, chronic or intractable pain, cancer related conditions. To qualify to use the drug, the patient must meet a doctor who is licensed medical doctor in the state, who has equally taken and passed the exams on the use of medical marijuana, the same doctor will confirm that the presence of any of the above listed medical conditions in the patient and also state that the use of the conventional methods to treat the condition has not yielded beneficial evidence to aid the patient, then can a patient be qualified to make use of the medical marijuana. To apply for the a marijuana card following the doctor’s recommendation, there must be proof that the applicant is a resident of the state, and there is a requirement of a fee that does not exceed $65, if approved the name of the patient is registered and the patient can begin to make purchases of medical marijuana across the state. For minors the same process is required albeit with a small addition of that fact that they must have a caregiver who is also registered with the commission who will buy and administer the drugs on behalf of the minor. 

The law however is not a permission for everyone to enjoy their personal use of marijuana. The law does not cover the use of medical marijuana to treat conditions like severe back pain, endometriosis or any eating disorders, furthermore, the law refuses to recognize the use of marijuana for recreational purposes and in fact will severely punish those found indulging it, in addition to that, possessing marijuana without a license could be considered a felony, this is without recognizing the fact that you were given by a caregiver or a patient who is registered. A registered patient also is not allowed to possess more than 70 daily doses of medical marijuana. The appropriate dose of medical marijuana allowed is one with 50 milligram of THC which if the doctor says can be increased to 75 milligram which cannot be exceeded. The marijuana is allowed to come in the form of oral tablets, oils, suppository etc. however the drug is not allowed to be smoked, mixed with food, sold as a raw plant, and covered in sugar. 

The law in spite of its welcome, does not protect employees from their employees disagreement with the use of the drug, they are not obliged to put up with a registered user simply because they are using under the guidance of the law, they may still decide to hire and fire any employee or potential employee who tests positive for marijuana irrespective of the fact that the patient is not under the influence. In addition, they are allowed to carry out random tests to ascertain the employee who is using marijuana even for medical purposes. They are also not required to pay for the drug under the medical insurance of the employee, if a person is fired for the use of marijuana, it would be seen legally as being fired for misconduct and legal action can be taken against the employer. The law also mandates the licensed medical practitioner to duly inform the patient about the use of the drugs and the possible resulting effect as it relates to their employability. Sen. Tim had earlier told the Governor in their meeting that should there be any problems with the bill as it is now, it could be amended in subsequent legislations, which allowed the governor to pass the bill as is, and not utilizing her right to amend, or veto the bill. A prescribed user of marijuana in another state is not allowed to make use of their drug in the state of Alabama.

For physicians, before they can qualify to administer or recommend the use of medical marijuana, they are required to have undertaken a continuing education course which lasts for four hours and also to pass an exam, they are also required to take additional fresher classes every 2 years. The course costs within the range of $500 and above. 

The Cannabis commission is required to be set up by September 2022, and the authorities have said that no more than 12 cultivation licenses would be issued, in addition to 4 processors and 4 dispensaries. The number of facilities that will grow, and manage the logistics of this plant would be no more than 5 and they are also permitted to have a maximum of 5 dispensing sites in different counties, these sites will however be heavily monitored and under surveillance at all material times