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(a) This area will probably be understood and may also be cited as “Carly’s legislation.”
(b) As found in this area, the next words shall have the after definitions:
(1) Authorized by the UAB Department . Authorized by the UAB Department implies that Cannabidiol (CBD) happens to be prescribed by a healthcare practitioner used by or with respect to the UAB Department.
(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found within the plant Cannabis sativa L. or just about any other planning thereof this is certainly really free of plant product, and contains a level that is thc of significantly more than 3 %. Also known as (synonyms): 2-(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-tran-Cannabidiol.
(3) Debilitating condition that is epileptic . Epilepsy or other disorder that is neurological or the treating epilepsy or any other neurological condition that, as identified by way of a board-certified neurologist underneath the work or authority regarding the UAB Department, produces serious, debilitating, or lethal seizures.
(4) UAB department . The Department of Neurology in the University of Alabama at Birmingham, its successors, or any subdivisions.
(c) In a prosecution for the illegal control of cannabis underneath the regulations of the state, it really is an affirmative and complete protection to the prosecution that the defendant features a debilitating epileptic condition and utilized or possessed cannabidiol (CBD) pursuant to a prescription authorized by the UAB Department.
(d) In a prosecution when it comes to illegal control of marijuana beneath the laws and regulations of the state, it really is an affirmative and complete protection into the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the moms and dad or caretaker of a person who features a debilitating epileptic condition and who may have a prescription when it comes to control and use of cannabidiol (CBD) as authorized by the UAB Department, and in which the moms and dad or caretaker’s possession for the CBD is with respect to and otherwise when it comes to prescribed man or woman’s just use.
( ag e) An agency for this state or even a governmental subdivision thereof, including any police force agency, might not start procedures to eliminate a kid through the house of a moms and dad based entirely upon the parent’s or young child’s control or utilization of cannabidiol (CBD) as authorized by this area.
(f) A prescription for the control or utilization of cannabidiol (CBD) as authorized by this part will probably be provided solely by the UAB Department for the debilitating condition that is epileptic. Healthcare practitioners for the UAB Department will be the only real authorized supply of any prescription for the utilization of cannabidiol (CBD), and will probably be the only real authorized source to make use of cannabidiol (CBD) in or as an element of the treating a person clinically determined to have a debilitating epileptic condition. a health care practitioner for the UAB Department shall have the only real authority to look for the usage or quantity of cannabidiol (CBD), if any, into the remedy for an specific clinically determined to have a debilitating epileptic condition.
(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized physician, nursing assistant, attendant, or representative thereof, shall never be at the mercy of prosecution when it comes to unlawful control, use, circulation, or prescription of cannabis underneath the legislation for this state because of its tasks arising directly away from or straight linked to the prescription or usage of cannabidiol (CBD) when you look at the remedy for people clinically determined to have a debilitating epileptic condition.
(h) The UAB Department will establish an investigation and development research purposed to determine medical uses and advantages of cannabidiol (CBD) for individuals with debilitating conditions that are epileptic.
(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized doctor, nurse, attendant or agent thereof, shall not be at the mercy of prosecution when it comes to illegal possession, use, or circulation of cannabis under the legislation with this state for the tasks arising straight away from or straight associated with the department’s research and development activities looking for medical advantages and uses of cannabidiol (CBD), as long as the prescription, therapy or usage of cannabidiol (CBD) is supplied simply to individuals identified as having a debilitating condition that is epileptic.
(j) Pursuant to your filing demands of Rule 15.3 regarding the Alabama Rules of Criminal Procedure , the defendant shall produce a valid prescription, official certification of the debilitating epileptic condition, while the title associated with prescribing health care pro authorized by the UAB Department.
(k) This area is repealed 1, 2019 july.
(l) Nothing in this part will probably be construed to allow or accommodate the prescription, assessment, medical usage, or control of every other type of Cannabis other than that defined in this section.
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