Study Commission August 13, 2019 Act 2019-511 (SB236 by Sen. - - PowerPoint PPT Presentation

Medical Cannabis Study Commission

August 13, 2019

Act 2019-511 (SB236 by Sen. Melson)

Directs the Study Commission to:

• Hold at least 3 public hearings to garner opinions

from patients, health care providers, and the public on medical use of cannabis

• Examine current federal and state regulation of

medical cannabis

• Make recommendations to the Legislature by

December 1st.

“Cannabis”

“All parts of any plant of the genus cannabis, whether growing or not, including the seeds, extractions of any kind from any part of the plant, and every compound, derivative, mixture, product, or preparation of the plant.” (SB236, as engrossed)

“Cannabis” vs. “Marijuana” vs. “Hemp”

Both marijuana and hemp are classified as being in the genus Cannabis Marijuana: High THC; low CBD Hemp: Low THC; high CBD

Medical Marijuana in Other States

• At least 33 states (plus D.C., Guam, Puerto Rico, and

US Virgin Islands) have approved a comprehensive publicly available medical marijuana/cannabis program

• In addition, at least 18 states allow use of high

CBD/low THC products for medical reasons in limited situations (ex: Carly’s Law and Leni’s Law)

Common Elements Among States

• Protection from criminal penalties for using marijuana for medical

purposes

• Access to marijuana through home cultivation, dispensaries, or other

system

• Requires health care professional’s recommendation or certification
• Often requires patient to have a serious medical condition (ex,

cancer, AIDS, PTSD, MS, debilitating pain or sever nausea, etc.)

Common Elements (con’d)

• Legal protections for health care professionals who issue

certifications

• Allow designated caregivers to assist patients (e.g., pick up medicine

from dispensary, cultivate)

• Most states prohibit smoking in public
• Most states limit where products may be possessed and used (e.g.,

not in correctional facilities, near schools, at work, etc.)

SB236: The Compassionate Access, Research Expansion Act (CARE Act)

• Creates the Alabama Medical Cannabis

Commission

• Establishes a system for registering patients
• Establishes a licensing and regulatory

framework for medical cannabis facilities

• Levies taxes on retail sales of cannabis products

and on licensed facilities

Duties of the Medical Cannabis Commission (CARE Act)

• Establish and administer a patient registry system
• Establish a tracking system to track seed–to-sale production
• License and regulate medical cannabis from seed to sale:

cultivation, processing, transportation, packaging, and dispensing of cannabis

• Adopt rules

Terminology (CARE Act)

• Qualified Physician
• Qualified Patient
• Qualifying Condition

Administration of Patient Registry by Commission

• Receive physician certifications electronically
• Accept patient and caregiver registration applications and

fees and process patient and caregiver registrations

• Issue medical cannabis cards to qualified patients and/or their

caregivers

• Patient Registry accessible to law enforcement, health care

providers, and dispensaries

Certification of Patient by Qualified Physician

• Conduct physical examination in the same room as patient

and fully assess patient’s medical history

• Diagnose patient with a qualifying condition
• Determine use of cannabis would likely outweigh the

potential health risks

• Obtain written consent
• If “medically appropriate,” refer patient to a specialist
• Register patient electronically in patient registry system

Physician’s Ongoing Role (con’d)

• May reissue (i.e., renew) certification
• May deactivate certification
• Commission may monitor physician certifications for misuse

and unlawful diversion by the physician and recommend disciplinary action to the Board of Medical Examiners

Licensing and Regulation of Cannabis Facilities

• Commission has broad latitude in how, who, and where to

license “providing the greatest benefits to the residents of this state”

• Establish process for issuing new licenses, renewal,

revocation, suspension, transfer of licenses

• Establish license fees of not less than $10,000 for a stand-alone

facility

• Location of any licensee may not be within 1,000 feet of a pre-

K or K-12 school

Quality Control

• Commission must establish protocols for product testing

during cultivation, processing, and dispensing to ensure product is consistently medical grade

Employer Rights

• Need not permit or accommodate an employee’s use or

possession of medical cannabis in the workplace, modify a job or working conditions of an employee who uses medical cannabis

• May refuse to hire, discharge, discipline or take other adverse

employment action against an employee because of the employee’s “use or possession of medical cannabis”

• May establish and enforce a drug-free workforce program or

drug testing policy

Taxes

• 4% state sales tax plus local sales tax
• 9% tax on gross proceeds on sales when sold at

retail

• Privilege tax on licensees at 10% of their net worth

Criminal Protections

Provides that a person has not committed the crime

• f unlawful possession of marijuana if the person is

in possession of a medical marijuana card, unless there is reasonable cause to believe the information

• n the card is false or falsified, or the person is
• therwise in violation of the CARE Act.

Other provisions of CARE Act

• Allows counties and municipalities to opt out of allowing any

licensed facilities in their jurisdiction

• Reciprocity with other states
• Directs Commission to report to Legislature

Other elements in state laws that are not in SB236

• Prohibits use by certain professions such as law enforcement

and firefighters, violent ex-felons

• Prohibits discrimination
• By landlords (but landlords may prohibit smoking on premises)
• In receiving organ transplants
• In child custody cases or visitation rights
• By schools, unless doing so results in loss of federal funding
• By any licensing or occupational board
• Limits the total amount of product patient may possess to

avoid prosecution

Paula Greene

Legislative Attorney Legislative Services Agency, Legal Division pgreene@lsa.state.al.us