Marijuana laws

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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.

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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.

FDA

The U.S. Food and Drug Administration has not approved 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.

References

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