Marijuana laws

Marijuana laws are state and local laws that prohibit or restrict the cultivation, sale, use, or possession of cannabis sativa, a plant that has been cultivated for industrial uses as well as for its psychoactive properties, with both clinical and recreational applications.

Industrial hemp

The 2016 Alabama Industrial Hemp Research Program Act provided a legal distinction between industrial hemp and marijuana within the confines of state-operated research programs. The 2018 federal farm bill legalized the production of industrial hemp outside of sanctioned research projects.

CBD

Until December 2018, the sale or possession of cannabidiol (CBD) in Alabama was generally held to be illegal, except for certain exceptions established by law. The legalization of industrial hemp cultivation made it effectively legal to produce, sell or posses products containing CBD derived from hemp and containing no more than than 0.3% THC.

Relevant statues include the 2014 Carly's Law which provides an "affirmative defense" to people prescribed CBD as part of a study conducted by the UAB Department of Neurology to treat debilitating epilepsy, and 2016 Leni's Law, which expands that defense to any patient prescribed CBD for the treatment of conditions causing chronic or debilitating seizures, and expressly includes the parents or guardians of minors being treated.

Certain regulatory recommendations from federal agencies have been reflected in rules adopted by state agencies, as well. The Alabama Department of Public Health has allowed the sale of FDA-approved drugs containing CBD under certain conditions for the treatment of Lennox-Gastaut syndrome and Dravet syndrome.

Medical marijuana

During the 2021 session, the Alabama State Legislature passed the "Darren Wesley "Ato" Hall Compassion Act", establishing an intrastate system for the cultivation, processing and distribution of certain forms of cannabis for the treatment of certain medical conditions. The bill was sponsored by Mike Ball (R-Madison) in the House of Representatives and Tim Melson (R-Florence) in the Senate, and was signed by Governor Ivey on May 17. It was named in honor of the son of Representative Laura Hall (D-Huntsville). (link)

Under the law, a 14-member Alabama Medical Cannabis Commission (AMCC) was created to oversee the licensing of producers (cultivators, processors and transporters), testing labs, dispensaries and qualified users. The commission selected Alabama State Treasurer John McMillan to serve as executive director of the state agency regulating medical marijuana. The agency is funded by license fees and a 9% tax on gross sales.

The commission began the process of awarding licenses in September 2022. It published an initial list of approved businesses in June 2023, which was followed by a revised list in August of the same year, both of which were later rescinded. The AMCC then overhauled its selection process and prepared to publicize its list of approved businesses in January 2024.

FDA

The U.S. Food and Drug Administration has not approved non-prescription THC or CBD-containing products for any therapeutic or medical uses in its enforcement of the Federal Food, Drug, and Cosmetic Act. (link)

Because pharmaceuticals with THC and CBD as active ingredients have been submitted to the agency's drug approval process, the FDA also does not consider cannabis-derived products to qualify as "dietary supplements" which are largely exempted from regulation under the Dietary Supplements Health and Education Act of 1994.

Local laws

In February 2019 the City of Alabaster placed a one-year moratorium on business license approvals for stores selling CBD-containing products.

In October 2022 the Birmingham City Council debated an ordinance drafted by the Mayor's office to resolve matters relating to the operation of medical marijuana dispensaries licensed by the state. The proposed ordinance, which must be approved by the Alabama Medical Cannabis Commission, would prohibit dispensaries from being located within 1,000 feet of a school or day care. Only patients registered with the state as eligible to purchase medical marijuana would be allowed entry, and only pre-measured tablet or capsule forms of cannabis could be dispensed.

Decriminalization

In 2019 Birmingham mayor Randall Woodfin unveiled a "Pardons for Progress" program meant to provide a pathway to expunge records of misdemeanor marijuana convictions. The program had very limited results. On April 20, 2021 Woodfin announced blanket pardons for anyone with a resolved misdemeanor marijuana conviction in Birmingham's municipal court. Such cases are still prosecuted under the current typical practice of assigning diversionary programs which result in the dismissal of charges. A year later he issued another slate of pardons for those convicted before up to the end of December 2021.

In October 2022 President Joe Biden issued pardons to anyone convicted of simple marijuana possession in federal courts, and directed the DEA and FDA to report on the impact of potentially changing the classification of marijuana under the Controlled Substances Act. If the White House were to adopt a policy in support of reclassification, it could affect administrative actions, such as prosecutions, but actual reclassification would require Congress to amend the act.

References

• "Industrial Hemp Cultivation Now Approved in Alabama." (May 14, 2016) National Hemp Association
• Taylor, Stephanie (October 10, 2018) "Tuscaloosa drug task force targets sale of CBD oil." The Tuscaloosa News
• Cason, Mike (November 20, 2018) "Cannabidiol still illegal; Alabama AG explains narrow exceptions." The Birmingham News
• Cason, Mike (December 12, 2018) "Alabama AG says some CBD from hemp now legal." The Birmingham News
• Yurkanin, Amy (April 23, 2021) "Is marijuana legal in Birmingham now? Not at all, say city leaders." The Birmingham News
• Cason, Mike (May 10, 2021) "What’s in Alabama’s medical marijuana bill?" The Birmingham News
• Cason, Mike (May 17, 2021) "Gov. Kay Ivey signs Alabama’s medical marijuana bill." The Birmingham News
• Cason, Mike (September 9, 2021) "Alabama Medical Cannabis Commission wants plants in ground next year." The Birmingham News
• Cason, Mike (September 9, 2021) "Alabama Medical Cannabis Commission picks State Treasurer John McMillan as executive director." The Birmingham News
• Thrailkill, Laurel (October 5, 2022) "What Birmingham's medical marijuana dispensary ordinance means." Birmingham Business Journal
• Cason, Mike (October 9, 2023) "Bill sponsor says Alabama needs to end delays of medical cannabis program." AL.com