1 SB165
2 205581-4
3 By Senator Melson
4 RFD: Judiciary
5 First Read: 11-FEB-20
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1 SB165
2
3
4 ENGROSSED
5
6
7 A BILL
8 TO BE ENTITLED
9 AN ACT
10
11 Relating to the medical use of cannabis; to add a
12 new Chapter 2A to Title 20, Code of Alabama 1975; to amend
13 Section 13A-7-2, Code of Alabama 1975; to create the
14 Compassion Act; to provide civil and criminal protections to
15 certain patients with a qualifying medical condition who have
16 a valid medical cannabis card for the medical use of cannabis;
17 to establish the Alabama Medical Cannabis Commission and
18 provide for its membership and duties; to provide for
19 certification of patients to authorize use of medical
20 cannabis; to license and regulate the cultivation, processing,
21 transporting, testing, and dispensing of medical cannabis; to
22 prohibit certain types of medical cannabis products; to
23 provide for patient registry and seed-to-sale tracking; to
24 impose taxes; to provide certain legal protections for users
25 of medical cannabis; to provide certain legal protections for
26 employers; to provide further for workers' compensation
27 benefits in certain circumstances where an employee uses
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1 medical cannabis; to amend the crime of trespass in the first
2 degree; to establish the Medical Cannabis Research Consortium
3 to award research grants using tax proceeds; and in connection
4 therewith would have as its purpose or effect the requirement
5 of a new or increased expenditure of local funds within the
6 meaning of Amendment 621 of the Constitution of Alabama of
7 1901, now appearing as Section 111.05 of the Official
8 Recompilation of the Constitution of Alabama of 1901, as
9 amended.
10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
11 Section 1. Chapter 2A, commencing with Section
12 20-2A-1, is added to Title 20, Code of Alabama 1975, to read
13 as follows:
14 Article 1. General Provisions.
15 20-2A-1.
16 This chapter shall be known and may be cited as the
17 Compassion Act.
18 20-2A-2.
19 The Legislature finds all of the following:
20 (1) It is not the intent of this chapter to provide
21 for or enable recreational use of marijuana in the State of
22 Alabama.
23 (2) Medical research indicates that the
24 administration of medical cannabis can successfully treat
25 various medical conditions and alleviate the symptoms of
26 various medical conditions.
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1 (3) There are residents in Alabama suffering from a
2 number of medical conditions whose symptoms could be
3 alleviated by the administration of medical cannabis products
4 if used in a controlled setting under the supervision of a
5 physician licensed in this state.
6 (4) A majority of states have adopted a program
7 providing for the administration of cannabis or cannabis
8 derivatives for medical use for residents of their states.
9 (5) Establishing a program providing for the
10 administration of cannabis derivatives for medical use in this
11 state can not only benefit patients by providing relief to
12 pain and other debilitating symptoms, provide opportunities
13 for patients with these debilitating conditions to function
14 and have a better quality of life, but also provide employment
15 and business opportunities for farmers and other residents of
16 this state and revenue to state and local governments.
17 (6) It is important to balance the needs of
18 employers to have a strong functioning workforce with the
19 needs of employees who will genuinely benefit from using
20 cannabis for a medical use in a manner that makes the employee
21 a productive employee.
22 20-2A-3.
23 As used in this chapter, the following terms have
24 the following meanings:
25 (1) BOARD. The State Board of Medical Examiners.
26 (2) CANNABIS. a. Except as provided in paragraph b.,
27 all parts of any plant of the genus cannabis, whether growing
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1 or not, including the seeds, extractions of any kind from any
2 part of the plant, and every compound, derivative, mixture,
3 product, or preparation of the plant.
4 b. The term does not include industrial hemp or hemp
5 regulated under Article 11 of Chapter 8 of Title 2.
6 (3) COMMISSION. The Alabama Medical Cannabis
7 Commission created pursuant to Section 20-2A-20.
8 (4) CULTIVATOR. An entity licensed by the Department
9 of Agriculture and Industries under Section 20-2A-62
10 authorized to grow cannabis pursuant to Article 4.
11 (5) DAILY DOSAGE. The total amount of one or more
12 cannabis derivatives, including, but not limited to,
13 cannabidiol and tetrahydrocannabinol, which may be present in
14 a medical cannabis product that may be ingested by a
15 registered qualified patient during a 24-hour period, as
16 determined by a registered certifying physician.
17 (6) DEPARTMENT. The Department of Agriculture and
18 Industries.
19 (7) DISPENSARY. An entity licensed by the commission
20 under Section 20-2A-64 authorized to dispense and sell medical
21 cannabis at dispensing sites to registered qualified patients
22 and registered caregivers pursuant to Article 4.
23 (8) DISPENSING SITE. A site operated by an
24 dispensary licensee or an integrated facility licensee
25 pursuant to Article 4.
26 (9) FACILITY or MEDICAL CANNABIS FACILITY. Any
27 facility, or land associated with a facility, of a licensee.
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1 (10) INTEGRATED FACILITY. An entity licensed under
2 Section 20-2A-67 authorized to perform the functions of a
3 cultivator, processor, secure transporter, and dispensary
4 pursuant to Article 4.
5 (11) LICENSEE. A cultivator, processor, secure
6 transporter, state testing laboratory, dispensary, or
7 integrated facility licensed by the commission under Article
8 4.
9 (12) MEDICAL CANNABIS. a. A medical grade product in
10 the form of any of the following, as determined by rule by the
11 commission, that contains a derivative of cannabis for medical
12 use by a registered qualified patient pursuant to this
13 chapter:
14 1. Oral tablet, capsule, or tincture.
15 2. Gelatinous cube, gelatinous rectangular cuboid,
16 or lozenge in a cube or rectangular cuboid shape.
17 3. Gel, oil, cream, or other topical preparation.
18 4. Suppository.
19 5. Transdermal patch.
20 6. Nebulizer.
21 7. Liquid or oil for administration using an
22 inhaler.
23 b. The term does not include any of the following:
24 1. Raw plant material.
25 2. Any product administered by smoking, combustion,
26 or vaping.
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1 3. A food product that has medical cannabis baked,
2 mixed, or otherwise infused into the product, such as cookies
3 or candies.
4 (13) MEDICAL CANNABIS CARD. A valid card issued
5 pursuant to Section 20-2A-35 or a temporary card issued
6 pursuant to Section 20-2A-36.
7 (14) MEDICAL USE or USE OF MEDICAL CANNABIS or USE
8 MEDICAL CANNABIS. The acquisition, possession, use, delivery,
9 transfer, or administration of medical cannabis authorized by
10 this chapter. The term does not include possession, use, or
11 administration of cannabis that was not purchased or acquired
12 from a licensed dispensary.
13 (15) PACKAGE. Any container that a processor may use
14 for enclosing and containing medical cannabis. The term does
15 not include any carry-out bag or other similar container.
16 (16) PATIENT REGISTRY. The Alabama Medical Cannabis
17 Patient Registry System that is an electronic integrated
18 system that tracks physician certifications, patient
19 registrations, medical cannabis cards, the daily dosage and
20 type of medical cannabis recommended to qualified patients by
21 registered certifying physicians, and the dates of sale,
22 amounts, and types of medical cannabis that were purchased by
23 registered qualified patients at licensed dispensaries.
24 (17) PHYSICIAN CERTIFICATION. A registered
25 certifying physician's authorization for a registered
26 qualified patient to use medical cannabis.
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1 (18) PROCESSOR. An entity licensed by the commission
2 under Section 20-2A-63 authorized to purchase cannabis from a
3 cultivator and extract derivatives from the cannabis to
4 produce a medical cannabis product or products for sale and
5 transfer in packaged and labeled form to a dispensing site
6 pursuant to Article 4.
7 (19) QUALIFYING MEDICAL CONDITION. Any of the
8 following conditions or symptoms of conditions, but only after
9 documentation indicates that conventional medical treatment or
10 therapy has failed unless current medical treatment indicates
11 that use of medical cannabis is the standard of care:
12 a. Anxiety or panic disorder.
13 b. Autism Spectrum Disorder (ASD).
14 c. Cancer-related cachexia, nausea or vomiting,
15 weight loss, or chronic pain.
16 d. Crohn's Disease.
17 e. Epilepsy or a condition causing seizures.
18 f. Fibromyalgia.
19 g. HIV/AIDS-related nausea or weight loss.
20 h. Persistent nausea that is not significantly
21 responsive to traditional treatment, except for nausea related
22 to pregnancy, cannabis-induced cyclical vomiting syndrome, or
23 cannabinoid hyperemesis syndrome.
24 i. Post Traumatic Stress Disorder (PTSD).
25 j. Sleep disorders.
26 k. Spasticity associated with a motor neuron
27 disease, including Amyotrophic Lateral Sclerosis.
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1 l. Spasticity associated with Multiple Sclerosis or
2 a spinal cord injury.
3 m. A terminal illness.
4 n. Tourette's Syndrome.
5 o. A condition causing chronic or intractable pain
6 in which conventional therapeutic intervention and opiate
7 therapy is contraindicated or has proved ineffective.
8 p. Menopause or premenstrual syndrome.
9 (20) REGISTERED CAREGIVER. An individual who meets
10 the requirements described in subsection (c) of Section
11 20-2A-30 and is authorized to acquire and possess medical
12 cannabis and to assist one or more registered qualified
13 patients with the use of medical cannabis pursuant to this
14 chapter.
15 (21) REGISTERED CERTIFYING PHYSICIAN. A physician
16 authorized by the State Board of Medical Examiners to certify
17 patients for the use of medical cannabis pursuant to this
18 chapter.
19 (22) REGISTERED QUALIFIED PATIENT. Either of the
20 following:
21 a. An adult who meets the requirements described in
22 subsection (a) of Section 20-2A-30 and is authorized to
23 acquire, possess, and use medical cannabis pursuant to this
24 chapter.
25 b. A minor who meets the requirements described in
26 subsection (b) of Section 20-2A-30 and is authorized to use
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1 medical cannabis pursuant to this chapter with the assistance
2 of a registered caregiver.
3 (23) SECURE TRANSPORTER. An entity licensed by the
4 commission under Section 20-2A-65 authorized to transport
5 cannabis or medical cannabis from one licensed facility or
6 site to another licensed facility or site.
7 (24) STATE TESTING LABORATORY. An entity licensed
8 under Section 20-2A-66 authorized to test cannabis and medical
9 cannabis to ensure the product meets safety qualifications
10 required under this chapter.
11 (25) STATEWIDE SEED-TO-SALE TRACKING SYSTEM. The
12 tracking system established pursuant to Section 20-2A-54 that
13 tracks all cannabis and medical cannabis in the state.
14 (26) UNIVERSAL STATE SYMBOL. The image established
15 by the commission pursuant to Section 20-2A-53 made available
16 to processors which indicates the package contains medical
17 cannabis.
18 20-2A-4.
19 This chapter supersedes state criminal and civil
20 laws pertaining to the acquisition, possession, use,
21 cultivation, manufacturing, processing, research and
22 development, and sale of medical cannabis. The acquisition,
23 possession, use, cultivation, manufacturing, processing,
24 research and development, transportation, testing, or sale of
25 cannabis or medical cannabis in compliance with this chapter
26 and rules of the commission does not constitute a violation of
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1 Article 5 of Chapter 12 of Title 13A, or any other law to the
2 contrary.
3 20-2A-5.
4 All data related to the implementation of this
5 chapter, including, but not limited to, application forms,
6 licensing information, physician certifications, registration
7 of qualified patients and designated caregivers, compliance,
8 and the status of cannabis research programs must be
9 maintained in a secure system developed or procured by the
10 commission. Data may not be sold, and patient information
11 shall remain confidential, except as otherwise permitted
12 pursuant to this chapter, and may not be transferred or sold.
13 20-2A-6.
14 (a) This chapter does not do any of the following:
15 (1) Require an insurer, organization for managed
16 care, health benefit plan, or any individual or entity
17 providing coverage for a medical or health care service to pay
18 for or to reimburse any other individual or entity for costs
19 associated with the use of medical cannabis.
20 (2) Require any employer to permit, accommodate, or
21 allow the use of medical cannabis, or to modify any job or
22 working conditions of any employee who engages in the use of
23 medical cannabis or for any reason seeks to engage in the use
24 of medical cannabis.
25 (3) Prohibit any employer from refusing to hire,
26 discharging, disciplining, or otherwise taking an adverse
27 employment action against an individual with respect to
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1 hiring, discharging, tenure, terms, conditions, or privileges
2 of employment as a result, in whole or in part, of that
3 individual's use of medical cannabis, regardless of the
4 individual's impairment or lack of impairment resulting from
5 the use of medical cannabis.
6 (4) Prohibit or limit the ability of any employer
7 from establishing or enforcing a drug testing policy,
8 including, but not limited to, a policy that prohibits the use
9 of medical cannabis in the workplace or from implementing a
10 drug-free workforce program established in accordance with
11 Article 13, commencing with Section 25-5-330, of Chapter 5 of
12 Title 25.
13 (5) Prohibit or limit any employer from adopting an
14 employment policy requiring its employees to notify the
15 employer if an employee possesses a medical cannabis card.
16 (6) Interfere with, impair, or impede, any federal
17 restrictions on employment, including, but not limited to,
18 regulations adopted by the United States Department of
19 Transportation in Title 49, Code of Federal Regulations.
20 (7) Permit, authorize, or establish any individual's
21 right to commence or undertake any legal action against an
22 employer for refusing to hire, discharging, disciplining, or
23 otherwise taking an adverse employment action against an
24 individual with respect to hiring, discharging, tenure, terms,
25 conditions, or privileges of employment due to the
26 individual's use of medical cannabis.
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1 (8) Require a government medical assistance program,
2 employer, property and casualty insurer, or private health
3 insurer to reimburse an individual for costs associated with
4 the use of medical cannabis.
5 (9) Affect, alter, or otherwise impact the workers'
6 compensation premium discount available to employers who
7 establish a drug-free workplace policy certified by the
8 Department of Labor, Workers' Compensation Division, in
9 accordance with Article 13, commencing with Section 25-5-330,
10 of Chapter 5 of Title 25.
11 (10) Affect, alter, or otherwise impact an
12 employer's right to deny, or establish legal defenses to, the
13 payment of workers' compensation benefits to an employee on
14 the basis of a positive drug test or refusal to submit to or
15 cooperate with a drug test, as provided under Section 25-5-51.
16 (b) For the purpose of obtaining needed medical
17 care, including organ transplants, a registered qualified
18 patient's authorized use of medical cannabis in accordance
19 with this chapter is considered the equivalent of the
20 authorized use of any other medication used at the direction
21 of a l