Updated: 3:04 PM CDT May 17, 2021
WVTM 13 Digital
Alabama Governor Kay Ivey on Monday signed a medical marijuana bill into law, making it legal for registered patients with qualifying conditions to safely access and use medical cannabis. Alabama is the 37th state in the U.S. to legalize medical marijuana.More than a dozen conditions, including cancer, a terminal illness, depression, epilepsy, panic disorder and chronic pain would allow a person to qualify.Ivey released this statement after signing Senate Bill 46:“Signing SB 46 is an important first step. I would like to again thank Sen. Tim Melson and Rep. Mike Ball for their hard work over the last few years and their willingness to address the legitimate concerns. This is certainly a sensitive and emotional issue and something that is continually being studied. On the state level, we have had a study group that has looked closely at this issue, and I am interested in the potential good medical cannabis can have for those with chronic illnesses or what it can do to improve the quality of life of those in their final days.“As research evolves, Sen. Melson and I discussed how critical it is to continue finding ways to work on this to ensure we have a productive, safe and responsible operation in Alabama.”The Legislature approved the bill last week. Jerzy Szaflarski, M.D., Ph.D., professor of neurology at UAB and primary investigator of the CBD oil study authorized by Carly's Law, will discuss the medical cannabis legislation and possible uses for medical cannabis at 3 p.m. You can watch the medical marijuana Q&A live on the WVTM 13 Facebook page.Karen O’Keefe, director of state policies at the Marijuana Policy Project, released the following statement: “This is a major step forward for Alabamians. Rather than being subjected to arrest and criminal penalties for using medical cannabis, this new law will enable patients who are suffering from illnesses and medical conditions to safely use and access medical cannabis, a treatment option that is accessible to so many of their fellow Americans. We applaud the legislature for passing and Gov. Ivey for signing the Compassion Act.”Steve Hawkins, executive director at the Marijuana Policy Project, shared this statement:“The victory in Alabama shows elected officials nationwide are finally getting the message that allowing medical cannabis has overwhelming, bipartisan public support. Polls consistently show the vast majority of Americans support allowing seriously ill patients to use cannabis for medical purposes with their doctors’ approval, and Alabama serves as the latest evidence that medical cannabis is possible in any state in the country.”—COMPASSION ACT SUMMARYQualifying for the ProgramTo legally use and access medical cannabis, patients must apply for and receive a medical cannabis card. To qualify, they must have a qualifying condition and a physician’s certification. A fee of up to $65 will apply.The qualifying conditions are autism; cancer-related pain, nausea, or weight loss; Crohn’s; epilepsy; HIV/AIDS-related nausea; persistent nausea that has not significantly responded to other treatments, with exceptions; PTSD; sickle cell anemia; panic disorder; Tourette’s; Parkinson's disease; spasticity related to multiple sclerosis, a motor neuron disease, or spinal cord injury; terminal illness; or a condition causing intractable or chronic pain “in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.”The Senate-passed version includes anxiety, menopause, premenstrual syndrome, and fibromyalgia. The House-passed version includes depression.Patients under 19 would need a parent or guardian to pick up their cannabis.Legal ProtectionsQualifying patients, caregivers, and medical cannabis establishments and their staff are not subject to criminal or civil penalty for actions authorized by the bill.Patients could possess up to 70 daily doses of cannabis.Patients generally could not be denied organ transplants or other medical care on the basis of medical cannabis.Physicians’ Role and RegulationTo certify patients, physicians must be authorized to do so by the State Board of Medical Examiners. They must meet qualifications the board establishes. The House version also requires physicians to pay a fee of up to $300 to certify patients.Certifying physicians must complete a four-hour medical cannabis continuing medical education course and complete an exam. The courses can charge up to $500. A two-hour refresher is required every two years.The board will develop rules for certifications including requirements for the patient-physician relationship, detailed requirements for informed consent, and how long a certification may be valid, which may not exceed one year.Certifying physicians must specify daily dosage and type. This would likely require participating doctors to run afoul of federal law. If this is not revised, it would likely dramatically depress participation.Click here to read the full breakdown of the bill.