Ala. Code § 20-2A-52 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-52
Section 20-2A-52 Oversight of Medical Cannabis Facility Operations; Inspections and Audits of Licensees; Criminal Background Checks
Status: in_force

(a) The commission shall have all powers necessary and proper to fully and effectively oversee the operation of medical cannabis facilities licensed pursuant to this article, including the authority to do all of the following:

(1) Investigate applicants for licenses, determine the eligibility for licenses, and grant licenses to applicants in accordance with this article and the rules.

(2) Investigate all individuals employed by licensees.

(3) At any time, through its investigators, agents, or auditors, without a warrant and without notice to the licensee, enter the premises, offices, facilities, or other places of business of a licensee, if evidence of compliance or noncompliance with this article or rules is likely to be found and consistent with constitutional limitations, for the following purposes:

a. To inspect and examine all premises of licensees.

b. To inspect and examine relevant records of the licensee and, if the licensee fails to cooperate with an investigation, impound, seize, assume physical control of, or summarily remove from the premises all books, ledgers, documents, writings, photocopies, correspondence, records, and videotapes, including electronically stored records, money receptacles, or equipment in which the records are stored.

c. To inspect the person, and inspect or examine personal effects of an individual who holds a license, while that individual is present in a medical cannabis facility of the licensee.

d. To investigate alleged violations of this article.

(4) Investigate alleged violations of this article or rules and take appropriate disciplinary action against a licensee.

(5) Require all relevant records of licensees, including financial or other statements, to be kept on the premises authorized for operation of the licensee or in the manner prescribed by the commission.

(6) Eject, or exclude or authorize the ejection or exclusion of, an individual from the premises of a licensee if the individual violates this article, rules, or final orders of the commission; provided, however, the propriety of the ejection or exclusion is subject to a subsequent hearing by the commission.

(7) Conduct periodic audits of licensees.

(8) Take disciplinary action as the commission considers appropriate to prevent practices that violate this article and rules.

(9) Take any other reasonable or appropriate action to enforce this article and rules.

(b) The commission shall adopt rules addressing the frequency of conducting periodic inspections and audits of respective licensees.

(c) The commission may enter into one or more memoranda of understanding with law enforcement agencies to assist with enforcement of this article.

(d) The commission may seek and shall receive the cooperation and assistance of the Alabama State Law Enforcement Agency in conducting criminal background checks and in fulfilling its responsibilities under this article. The Alabama State Law Enforcement Agency may recover its costs of cooperation under this article.

(e) The commission shall assist any prosecuting agency in the investigation or prosecution of a violation of a controlled substances law.

(f) Nothing in this article shall affect the authority of the Alabama Department of Environmental Management to administer and enforce any existing law over which the Alabama Department of Environmental Management has jurisdiction.
Ala. Code § 20-2-28 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-28
Section 20-2-28 Schedule IV - Standards for Compilation
Status: in_force

The State Board of Health shall place a substance in Schedule IV if it finds that:

(1) The substance has a low potential for abuse relative to substances in Schedule III;

(2) The substance has currently accepted medical use in treatment in the United States; and

(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
Ala. Code § 20-2-182 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-182
Section 20-2-182 License Required for Furnishing Listed Precursor Chemical; Licensing Procedure; Record of Transactions
Status: in_force

(a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire on December 31 of even-numbered years. Every holder of such a license in order to continue to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or her license at the discretion of the board. If any holder of such license fails to pay the renewal fee on or before the due date, the license may be reinstated only upon payment of a penalty of ten dollars ($10) for each lapsed month as prescribed by rule of the board.

(b) The procedure for obtaining a license to sell, transfer, manufacture, purchase for resale, or otherwise furnish a listed precursor chemical shall be as follows:

(1) Obtain an application from the Board of Pharmacy;

(2) Submit the application to the Board of Pharmacy;

(3) Demonstrate a legitimate reason to sell, transfer, or otherwise furnish listed precursor chemicals.

(c) The content of the application for a license shall include, but not be limited to, the following information:

(1) Name of business;

(2) Address of business other than a post office box number;

(3) Phone number of business;

(4) Names and addresses of business owners;

(5) Location of storage facility;

(6) Identification of listed precursor chemicals to be sold; and

(7) Criminal history of applicant.

(d) A licensee shall make an accurate and legible record of any transaction of listed precursor chemicals and maintain such record together with the following records for a period of at least two years:

(1) Inventory on hand;

(2) Purchase receipts;

(3) Manufacturing records including the date and quantity of any listed precursor chemicals manufactured, the quantity of listed precursor chemicals used in manufacturing any other substance or product, and the inventory on hand of listed precursor chemicals after the manufacturing of any other substance or product;

(4) Copies of the Board of Pharmacy licenses or permits;

(5) Records of substance disposal.
Ala. Code § 20-2A-30 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-30
Section 20-2A-30 Registered Qualified Patient; Registered Caregiver
Status: in_force

(a)(1) A resident of this state who is 19 years of age or older is a registered qualified patient if he or she meets all of the following conditions:

a. Has been certified by a registered certifying physician as having a qualifying medical condition.

b. Is registered with the commission.

c. Has been issued a valid medical cannabis card by the commission.

(2) A registered qualified patient described in subdivision (1) may purchase, possess, or use medical cannabis, subject to subsection (d).

(b)(1) A resident of this state who is under the age of 19 is a registered qualified patient if he or she meets all of the following conditions:

a. Has been certified by a registered certifying physician as having a qualifying medical condition.

b. Is registered with the commission.

c. Has a qualified designated caregiver who is the patient’s parent or legal guardian.

(2) A registered qualified patient described in subdivision (1) may use medical cannabis but may not purchase or possess medical cannabis.

(c)(1) A resident of this state is a registered caregiver if he or she meets all of the following conditions:

a. Is registered with the commission.

b. Has been issued a valid medical cannabis card by the commission.

c. Is at least 21 years of age, unless he or she is the parent or legal guardian of, and caregiver for, a registered qualified patient.

d. Is the parent, legal guardian, grandparent, spouse, or an individual with power of attorney for health care of a registered qualified patient.

(2) A registered caregiver described in subdivision (1) may purchase and possess medical cannabis, subject to subsection (d), but may not use medical cannabis unless he or she is also a registered qualified patient.

(3) The commission, by rule, may limit the number of registered qualified patients a registered caregiver may have under his or her care.

(4) A registered caregiver may receive compensation for services provided to a registered qualified patient pursuant to this chapter.

(d) Notwithstanding subdivision (2) of subsections (a) and (c), a registered qualified patient or registered caregiver may not purchase more than 60 daily dosages of medical cannabis and may not renew the supply more than 10 days before the 60-day period expires. At no time may a registered qualified patient or registered caregiver possess more than 70 daily dosages of medical cannabis.
Ala. Code § 20-2-61 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-61
Section 20-2-61 Certification; Access to Records; Establishment of Protocols, Formularies, or Medical Regimens
Status: in_force

(a) The board is designated as the certifying board for the registration and approval of an assistant to physician in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate. The board is authorized to adopt regulations concerning the application procedures, fees, fines, punishments, and conduct of any disciplinary hearings for such applicants. The board shall establish a unique Qualified Alabama Controlled Substances Registration Certificate number that identifies the particular applicant as an assistant to physician with a valid Qualified Alabama Controlled Substances Registration Certificate.

(b) The board, and its agents, attorneys, or investigators shall be permitted access to the records of any assistant to physician, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC or the possible violations of any provisions of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.

(c) The board may establish protocols, formularies, or medical regimens which relate to, govern, or regulate a QACSC, and any such protocol, formulary, or medical regimen shall not be considered a rule or regulation under the Alabama Administrative Procedure Act.
Ala. Code § 20-1-90 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-90
Section 20-1-90 Sale or Offer for Sale of Infested, Mouldy, Decayed, Etc., Pecans, Almonds, Chestnuts, Etc
Status: in_force

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale any insect-infested, mouldy, rancid, decayed, decomposed, or otherwise inedible pecans, almonds, Brazil nuts, chestnuts, filberts, walnuts, or pistachio nuts to anyone other than to cracking, shelling, or other processing plants, unless such nuts come within a tolerance to be prescribed by the State Board of Agriculture and Industries for the sale of such nuts.
Ala. Code § 20-2-1 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-1
Section 20-2-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Controlled Substances Act.
Ala. Code § 20-1-4 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-4
Section 20-1-4 Suspension from Sale, Seizure, and Condemnation of Articles Sold, Stored, Etc., in Violation of Chapter
Status: in_force

Any food, drug, or cosmetic regulated by this chapter which is found to be manufactured, processed, compounded, refined, packed, packaged, stored, sold, or transported in violation of this chapter shall be subject to suspension from sale, seizure, and condemnation in the manner provided in Article 2 of Chapter 2 of Title 2 of this Code.
Ala. Code § 20-2-186 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-186
Section 20-2-186 Procedure Upon Discovery of Loss or Theft of Chemicals - Records - Audits and Inspections of Records
Status: in_force

(a) Any person, licensed or permitted, who discovers a loss or theft of, or disposes of a chemical listed in Section 20-2-181 shall:

(1) Submit a report of the loss, theft, or disposal to the Board of Pharmacy no later than the third business day after the date the manufacturer, wholesaler, retailer, or other person discovers the loss or theft, or after the actual disposal; and

(2) Include the amount of loss, theft, or disposal in the report. Any disposal of listed precursor chemicals must be done in accordance with the rules and regulations of the United States Environmental Protection Administration and shall be performed at the expense of the permit or license holder.

(b) A manufacturer, wholesaler, retailer, or other person who sells, transfers, possesses, uses, or otherwise furnishes any listed precursor chemical shall:

(1) Maintain records as specified in Section 20-2-182, or as prescribed by the rule of the Board of Pharmacy;

(2) Permit law enforcement authorities to conduct on-site audits, inspections or inventories, and inspect all records made in accordance with this article at any reasonable time; and

(3) Cooperate with the audit, inspection or inventory, or copying of any records.
Ala. Code § 20-2A-10 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-10
Section 20-2A-10 Medical Cannabis Commission Fund
Status: in_force

(a) There is created a special account in the State Treasury to be known as the Medical Cannabis Commission Fund. Expenditures from the Medical Cannabis Commission Fund may be made only by the commission to implement, administer, and enforce this chapter. Specifically, the Medical Cannabis Commission Fund includes all of the following:

(1) Tax proceeds collected pursuant to subsections (a) and (b) of Section 20-2A-80, less an amount sufficient to cover the cost of administration of the tax levies imposed under subsections (a) and (b) of Section 20-2A-80, which shall be retained by the Department of Revenue.

(2) License fees, civil penalties, and other fees or charges collected pursuant to Article 4.

(3) Any monies appropriated by the Legislature for the initial operation of the commission.

(b) Amounts in the Medical Cannabis Commission Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, but shall not be limited by the fiscal year appropriation cap.

(c) Beginning October 1, 2025, any funds in the Medical Cannabis Commission Fund in excess of actual expenses from the previous fiscal year shall be distributed, less 10 percent, as follows:

(1) 60 percent shall be transferred to the General Fund.

(2) 30 percent shall be transferred to the Medical Cannabis Research Fund established pursuant to subsection (f) of Section 20-2A-120.
Ala. Code § 20-1-154 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-154
Section 20-1-154 Exemptions for Drugs Compounded by a Pharmacist
Status: in_force

The provisions of this article shall not apply to drug products compounded by a pharmacist licensed under Alabama law, in a pharmacy operating under a permit issued by the Alabama Board of Pharmacy.
Ala. Code § 20-1-111 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-111
Section 20-1-111 Minimum Requirements as to Units of Vitamin A
Status: in_force

It shall be unlawful for any manufacturer, processor, or dealer in oleomargarine in the State of Alabama to sell or offer for sale any such product within this state which does not contain at least 9,000 United States pharmacopoeia units of vitamin A per pound, except that sold for use as an ingredient in the processing of another product.
Ala. Code § 20-1-91 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-91
Section 20-1-91 Sale or Offer for Sale of “Blow-Outs,” “Pops,” “Culls,” Etc
Status: in_force

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale for any purpose pecans or any other nuts designated in Section 20-1-90 when such nuts are commonly known and designated at shelling, grading, cracking, or cleaning plants as “blow-outs,” “pops,” “culls,” or rejected nuts, unless such nuts are crushed or otherwise denatured to render the nuts unfit for human consumption.
Ala. Code § 20-1-92 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-92
Section 20-1-92 Requirements as to Labeling of Packages or Containers
Status: in_force

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale pecans or any other nuts designated in Section 20-1-90 in package form unless the package or other container is plainly and conspicuously labeled to show the name of the nuts, the net weight of the nuts, and the name and address of the packer or distributor.
Ala. Code § 20-1-27 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-27
Section 20-1-27 Prohibited Activities
Status: in_force

No person shall engage in any of the following activities within this state:

(1) Manufacture for sale herein, have in his or her possession with intent to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is adulterated or misbranded within the meaning of this division.

(2) Sell or offer for sale out-of-date Class A foods which include baby food, infant formula, and potentially hazardous food.

(3)a. Obscure, remove, or otherwise render illegible any information appearing on beverage labels, packages, or containers related to production information, best before dates, or other disclosure printed on, affixed to, or appearing on the labels, packages, or containers.

b. This subdivision shall not apply to any alteration of a beverage label, package, or container made by, or at the direction of, either the owner of the trademark rights to the brand that appears on the beverage label, package, or container or an authorized manufacturer of the beverage.

c. This subdivision shall not apply to alcoholic beverages as defined in Section 28-3-1.

d. This subdivision shall not apply to any entity, organization, or association, including, but not limited to, a nonprofit or other fund-raising organization that does not operate for a commercial purpose.

(4)a. Store or transport any beverage product that bears a labeling that has been obscured, removed, or rendered illegible as described in subdivision (3).

b. This subdivision shall not apply to any alteration of a beverage label, package, or container made by, or at the direction of, either the owner of the trademark rights to the brand that appears on the beverage label, package, or container or an authorized manufacturer of the beverage.

c. This subdivision shall not apply to alcoholic beverages as defined in Section 28-3-1.

d. This subdivision shall not apply to any entity, organization, or association, including, but not limited to, a nonprofit or other fund-raising organization that does not operate for a commercial purpose.
Ala. Code § 20-2B-15 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-15
Section 20-2B-15 Administrative Subpoena to Compel Production of Business Records
Status: in_force

The secretary may issue an administrative subpoena to a communication common carrier or a communications service provider to compel production of business records if the records requested satisfy both of the following:

(1) Are local or long-distance toll records or subscriber information.

(2) Are material to an active investigation of a felony violation of the Alabama Uniform Controlled Substance Act, as provided in Chapter 2, being conducted by a special agent of the agency.
Ala. Code § 20-1-93 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-93
Section 20-1-93 Adoption of Standards and Variations or Tolerances
Status: in_force

The State Board of Agriculture and Industries is hereby expressly authorized to adopt and promulgate standards and reasonable variations or tolerances for the sale of pecans and other nuts in accordance with Section 20-1-90.
Ala. Code § 20-2-56 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-56
Section 20-2-56 Maintenance of Records and Inventories by Registrants Generally
Status: in_force

Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules issued by the State Board of Medical Examiners, the State Board of Health, or the State Board of Pharmacy.
Ala. Code § 20-2-218 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-218
Section 20-2-218 Reimbursement of Certain Costs Incurred in Compliance with Article
Status: in_force

The department is authorized to grant funds to participating pharmacies for the purpose of reimbursing reasonable costs for dedicated equipment and software incurred by pharmacies in complying with the reporting requirements of this article. Such grants shall be funded by gifts, grants, donations, or other funds appropriated for the operation of the controlled substances prescription database. The department is authorized to determine standards and specifications for any equipment and software purchased by the authority of this section.
Ala. Code § 20-2-258 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-258
Section 20-2-258 Liability
Status: in_force

Any member of the Board of Medical Examiners, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing conducted by the board as authorized in this article, shall be immune from any lawsuit or legal proceeding for any conduct in the course of his or her official duties with respect to such investigations or hearings.
Ala. Code § 20-2-65 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-65
Section 20-2-65 Disciplinary Action - Hearing; Restriction, Suspension, or Revocation of Certificate
Status: in_force

(a) Any hearing for disciplinary action against an assistant to physician holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations of this article shall be before the board.

(b) The board shall have the authority to restrict, suspend, or revoke a Qualified Alabama Controlled Substances Registration Certificate, or to assess an administrative fine against a Qualified Alabama Controlled Substances Registration Certificate whenever an assistant to physician shall be found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-64. The board shall also have the authority to reinstate or to deny reinstatement of a Qualified Alabama Controlled Substances Registration Certificate.

(c) The board may limit revocation or suspension of a Qualified Alabama Controlled Substances Registration Certificate to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(d) The board shall promptly notify the Drug Enforcement Administration of the United States Department of Justice of all orders suspending or revoking a Qualified Alabama Controlled Substances Registration Certificate.

(e) Any hearing conducted before the board shall be considered a contested case under the Alabama Administrative Procedure Act, Section 41-22-1, and shall be conducted in accordance with the requirements of that act.
Ala. Code § 20-1-51 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-51
Section 20-1-51 When Cosmetics Deemed Adulterated
Status: in_force

(a) A cosmetic shall be deemed adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof or under such conditions of use as are customary and usual;

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance;

(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;

(4) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or

(5) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified in accordance with regulations promulgated under the federal Food, Drug and Cosmetic Act.

(b) The provisions of subdivision (1) of subsection (a) of this section shall not apply to coal-tar hair dye if the label thereof bears the following legend conspicuously displayed thereon: “Caution!! This product contains ingredients which may cause skin irritation on certain individuals. A preliminary test according to the accompanying directions should be made before using it. This product must not be used for dyeing the eyelashes or eyebrows - to do so may cause blindness.” And the labeling of any such article must contain adequate directions for preliminary testing.

(c) As used in subdivisions (1) and (5) of subsection (a) of this section, the term “hair dye” does not include eyelash or eyebrow dyes.
Ala. Code § 20-2-27 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-27
Section 20-2-27 Schedule III - Listing of Controlled Substances
Status: in_force

(a) The controlled substances listed in this section are included in Schedule III:

(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

a. Amphetamine, its salts, optical isomers, and salts of its optical isomers;

b. Phenmetrazine and its salts;

c. Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

d. Methylphenidate.

(2) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

a. Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;

b. Chlorhexadol;

c. Glutethimide;

d. Lysergic acid;

e. Lysergic acid amide;

f. Methyprylon;

g. Phencyclidine;

h. Sulfondiethylmethane;

i. Sulfonethylmethane;

j. Sulfonmethane.

(3) Nalorphine.

(4) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof:

a. Not more than 1.8 grams of codeine or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

b. Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

c. Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

d. Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

e. Not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

f. Not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;

g. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

h. Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(b) The State Board of Health may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subdivisions (1) and (2) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
Ala. Code § 20-1-160 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-160
Section 20-1-160 Definitions
Status: in_force

For the purposes of this article, the term “cultivated food product” means any food product produced from cultured animal cells.
Ala. Code § 20-1-7 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-7
Section 20-1-7 Regulation of Nutrition Labeling of Certain Food
Status: reserved

(a) The subject matter of the regulation of nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by an act of the Legislature of statewide application enacted after June 9, 2011.

(b) This section shall not be interpreted as affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §343(q)(5)(H).
Ala. Code § 20-2-32 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-32
Section 20-2-32 Revision and Republication of Schedules
Status: in_force

The State Board of Health shall revise and republish the schedules annually.
Ala. Code § 20-1-73 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-73
Section 20-1-73 Minimum Requirements as to Amounts of Vitamins and Other Ingredients - Cornmeal and Grits
Status: in_force

(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption in this state any cornmeal or grits unless the following vitamins and other ingredients are contained in each pound of such product:

(1) Not less than two milligrams and not more than three milligrams of vitamin B1 (thiamine);

(2) Not less than 1.2 milligrams and not more than 1.8 milligrams of riboflavin;

(3) Not less than 16 milligrams and not more than 24 milligrams of niacin or niacin amide; and

(4) Not less than 13 milligrams and not more than 26 milligrams of iron (Fe).

(b) Such products may contain as optional ingredients not less than 500 milligrams and not more than 750 milligrams of calcium per pound and not less than 250 U.S.P. units and not more than 1,000 U.S.P. units of vitamin D per pound.
Ala. Code § 20-2-253 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-253
Section 20-2-253 Prescription, Administration, Dispensing of Controlled Substances
Status: in_force

(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and a valid registration number issued by the United States Drug Enforcement Administration, a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) may prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedules III, IV, and V of Article 2, Chapter 2, of this title in accordance with rules adopted by the Board of Medical Examiners and any protocols, formularies, and medical regimens established by the board for regulation of a QACSC.

(b) A CRNP or a CNM shall not utilize his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.

(c) A CRNP or a CNM authorized to prescribe, administer, or dispense controlled substances in accordance with this article may not prescribe, administer, or dispense any controlled substance to himself, herself, or his or her spouse, child, or parent.
Ala. Code § 20-2-91 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-91
Section 20-2-91 Inspection of Stocks of Controlled Substances and Prescriptions, Orders, Etc., Required by Chapter; Disclosure of Information as to Prescriptions, Orders, Etc., by Enforcement Personnel
Status: in_force

(a) Prescriptions, orders, and records required by this chapter and stocks of controlled substances enumerated in Schedules I, II, III, IV, and V shall be open for inspection only to federal, state, county, and municipal officers, the investigators of the Board of Dental Examiners, and the agents and officers of the Alabama State Law Enforcement Agency whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.

(b) No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
Ala. Code § 20-2-31 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-31
Section 20-2-31 Schedule V - Listing of Controlled Substances
Status: in_force

The controlled substances listed in this section are included in Schedule V:

(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

a. Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;

b. Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;

c. Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;

d. Not more than 2.5 milligrams of diphenozylate and not less than 25 micrograms of atropine sulfate per dosage unit;

e. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
Ala. Code § 20-2-119 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-119
Section 20-2-119 Enumeration as Schedule I or II Substance Inapplicable
Status: in_force

The enumeration of cannabis, tetrahydrocannabinols or a chemical derivative thereof as a Schedule I or II controlled substance under Article 2 of Chapter 2 of Title 20, as amended, does not apply to the use of such drugs or chemical derivatives thereof pursuant to the provisions of this article.
Ala. Code § 20-1-3 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-3
Section 20-1-3 Right of Entry by Commissioner and Agents; Authority to Take Samples, Investigate Records, Etc
Status: in_force

The Commissioner of Agriculture and Industries and officers and employees under his supervision or direction shall have authority to enter and inspect any premises or vehicle where any food, drug, or cosmetic regulated by this chapter is manufactured, harvested, processed, compounded, refined, packed, packaged, stored, sold, or transported, and all equipment, containers, and materials therein, to collect samples for analysis and to conduct examinations and investigations of records of production, purchases, and sales for the purpose of enforcement of this chapter.
Ala. Code § 20-2A-12 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-12
Section 20-2A-12 Severability
Status: in_force

The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, the declaration shall not affect the part that remains.
Ala. Code § 20-2-255 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-255
Section 20-2-255 Hearings; Restriction, Suspension, Revocation of Certificate
Status: in_force

(a) Any hearing regarding the issuance, restriction, limitation, suspension, or revocation of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) held by a certified registered nurse practitioner or a certified nurse midwife for any violations of this article shall be before the Board of Medical Examiners.

(b) The board shall have the authority to restrict, suspend, or revoke a QACSC, whenever a CRNP or a CNM is found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-254. The board shall also have the authority to reinstate or to deny reinstatement of a QACSC.

(c) The board may limit revocation or suspension of a QACSC to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(d) The board shall promptly notify the Drug Enforcement Administration of the United States Department of Justice and the Alabama Board of Nursing of all orders suspending or revoking a QACSC of a CRNP or a CNM.

(e) Any hearing conducted before the board in accordance with this section shall be considered a contested case under the Alabama Administrative Procedure Act, and shall be conducted in accordance with the requirements of this article.
Ala. Code § 20-2-281 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-281
Section 20-2-281 Individuals Under Age of 21 Seeking Medical Assistance for Another
Status: in_force

(a) Notwithstanding any other law to the contrary, an individual under 21 years of age may not be prosecuted for the possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the possession or consumption of alcohol solely because the individual was seeking medical assistance for another individual under this article.

(b) Excluding Section 32-5A-191, an individual may not be prosecuted for a misdemeanor controlled substance offense if law enforcement became aware of the offense solely because the individual was seeking medical assistance for another individual under this article.

(c) This section shall apply if, when seeking medical assistance on behalf of another, the individual did all of the following:

(1) Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance.

(2) Used his or her own name when contacting authorities.

(3) Remained with the individual needing medical assistance until help arrived.
Ala. Code § 20-2-301 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-301
Section 20-2-301 Medication Assisted Treatment
Status: reserved

THIS SECTION REPEALED BY ACT 2023-339, EFFECTIVE SEPTEMBER 1, 2023.

(a)(1) For all patients receiving medication assisted treatment, adequate billing records shall be maintained, in any format, for all patient visits. Billing records shall be maintained for a period of three years from the date of the patient’s last treatment. Billing records shall be made for all methods of payment. Billing records shall include, but not be limited to, information detailing all of the following:

a. The amount paid for services.

b. Method of payment.

c. Date of the delivery of services.

d. Date of payment.

e. Description of services.

(2) Records of all bank deposits of cash payments for medication assisted treatment shall be maintained, in any format, for a period of three years.

(b) By January 1, 2020, the Alabama Board of Medical Examiners, in consultation with the Public Health Officer of the Department of Public Health and the Alabama Department of Mental Health shall adopt rules under the Alabama Administrative Procedure Act for the prescribing of medications containing buprenorphine for the treatment of opioid use in non\residential settings.

(1) The rules, at a minimum, shall address all of the following:

a. Appropriate doses of buprenorphine-containing medications for the treatment of opioid use disorder.

b. Co-prescribing of benzodiazepines and medications containing buprenorphine or co-prescribing of barbiturates and medications containing buprenorphine.

c. Co-prescribing of stimulants and medications containing buprenorphine.

d. Co-prescribing of medications containing gabapentin with medications containing buprenorphine.

e. Minimum requirements for counseling, behavioral therapy, and case management.

f. Appropriate drug screening.

g. Education to patients regarding neonatal abstinence syndrome or neonatal opioid withdrawal syndrome.

h. Pain management.

i. Co-occurring disorders.

j. Informed consent by the patient.

k. Use of the state Prescription Drug Monitoring Program.

l. Use of appropriate screening tools.

m. Appropriate number of visits and addressing of relapse.

n. A diversion control plan.

o. Use of mono-product buprenorphine formulations, not to include injectable and implantable forms of buprenorphine.

p. Creation of an appropriate registry of providers of medication assisted treatment.

q. Appropriate recordkeeping requirements for any direct compensation arrangements involving medication assisted treatment.

(2) Nationally recognized guidelines from the American Society of Addiction Medicine, the American Board of Addiction Medicine, the American Board of Preventative Medicine, and the Substance Abuse and Mental Health Services Administration shall serve as a guide for the development of the rules.

(3) The rules shall be consistent with federal and state law.

(c) The Alabama Board of Medical Examiners shall convene a standing working group consisting of 17 individuals who are addiction medicine specialists board certified by the American Board of Addiction Medicine or the American Board of Preventative Medicine with a subspecialty in addiction medicine, or by the American Board of Addiction Psychiatry, or fellowship trained in addiction medicine, as well as counselors and social workers, to consult and assist in the drafting of the rules, including the following:

(1) Two members from the Alabama Department of Mental Health.

(2) Two members from the Alabama Board of Medical Examiners.

(3) One member from the Attorney General’s Office.

(4) Other experts from the Alabama Society of Addiction Medicine, the Medical Association of the State of Alabama, and other recognized organizations.

(d) The rules shall be reviewed and updated by September 1, 2020, and each year thereafter by September 1.
Ala. Code § 20-2-115 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-115
Section 20-2-115 Composition of Review Committee
Status: in_force

The review committee shall consist of: (a) one physician licensed to practice medicine in this state and certified by the American Board of Ophthalmology; (b) one physician licensed to practice medicine in this state, certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology; (c) one physician licensed to practice medicine in this state, certified in the specialty of pediatrics and also certified in the subspecialty of pediatrics oncology; (d) one physician licensed to practice medicine in this state, certified in the specialty of gynecology and also certified in the subspecialty of gynecological oncology; (e) one physician licensed to practice medicine in this state, certified in the specialty of radiology and also certified in the subspecialty of radiation oncology; and (f) the director of the Comprehensive Cancer Center of the University of Alabama in Birmingham.
Ala. Code § 20-1-32 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-32
Section 20-1-32 Exemption from Prosecution of Dealers
Status: in_force

No dealer shall be prosecuted under the provisions of this division when the dealer can establish a bona fide guarantee signed by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or she purchased such articles that they are not adulterated or misbranded within the meaning of this division, designating it and that he or she has no knowledge of such adulteration or misbranding at the time they were purchased by that dealer. Such guarantee shall contain the name and address of the vendor who shall be amenable to the prosecutions, fines, and other penalties to which the purchaser would otherwise be amenable. Provided, however, there shall be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date food products by the dealer. There shall be no exemption from prosecution with regard to the sale or the offer for sale of food products that have become out-of-date, adulterated, or misbranded after purchase by the dealer.
Ala. Code § 20-1-23 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-23
Section 20-1-23 When Articles Deemed Adulterated - Confectionery
Status: in_force

In the case of confectionery, it shall be deemed adulterated if it contains terra alba, barytes, talc, chrome yellow, burnt umber, or other mineral substance or poisonous coloring or flavoring or other ingredients detrimental to health or any vinous, malt, or spirituous liquor or compound or narcotic drug.
Ala. Code § 20-2-300 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-300
Section 20-2-300 Short Title
Status: reserved

THIS SECTION REPEALED BY ACT 2023-339, EFFECTIVE SEPTEMBER 1, 2023.

This article shall be known and may be cited as the MAT Act of 2019.
Ala. Code § 20-2-22 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-22
Section 20-2-22 Schedule I - Standards for Compilation
Status: in_force

The State Board of Health shall place a substance in Schedule I if it finds that the substance:

(1) Has high potential for abuse; and

(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Ala. Code § 20-2-251 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-251
Section 20-2-251 Certifying Board; Advisory Committee; Access to Records; Protocols, Formularies, Medical Regimens
Status: in_force

(a) The Board of Medical Examiners is hereby designated as the certifying board for the registration and approval of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate (QACSC). The board may adopt regulations concerning the application procedures, fees, and grounds for the restriction, limitation, suspension, or revocation of a QACSC, excluding the charge of expenses for conducting an investigation or expenses of a hearing, and to provide for hearings in connection with the same. The board shall establish a unique QACSC number that identifies the particular applicant as a certified registered nurse practitioner or certified nurse midwife with a valid QACSC. However, nothing in this article shall permit the board to encroach on the powers, duties, and authority of the Board of Nursing in carrying out its legally authorized functions. The Board of Nursing shall remain the sole licensing and disciplinary authority for CRNPs and CNMs.

(b) An advisory committee shall be created to comment on proposed rules.

(c) The board and its agents, attorneys, or investigators shall be permitted access to the records of any CRNP or CNM, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC, or a possible violation of any provision of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.

(d)(1) The board may establish protocols, formularies, or medical regimens which relate to, govern, or regulate a QACSC, and any such protocol, formulary, or medical regimen shall not be considered a rule under the Alabama Administrative Procedure Act.

(2) The formulary of controlled substances that may be prescribed by CRNPs and CNMs shall be approved by the certifying board upon the recommendation of the joint practice committee established by Article 5, commencing with Section 34-21-80, Chapter 21, Title 34, but the formulary shall not be considered a rule under the Alabama Administrative Procedure Act.
Ala. Code § 20-1-141 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-141
Section 20-1-141 Permit Required for Operation of Milk, Milk Products, or Frozen Dessert Processing Plant
Status: in_force

Every person who produces milk, milk products, or frozen desserts for sale or consignment or for remuneration of any nature, in a milk, milk products, or frozen dessert processing plant shall annually obtain a permit from the State Board of Health prior to selling or offering for sale, consigning or offering for consignment, or offering for a remuneration, the milk, milk products, or frozen dessert in the State of Alabama. This requirement applies to a person who operates a milk, milk products, or frozen dessert processing plant within or without the state.

(1) Application shall be made to the State Board of Health each year for a permit on the forms requiring information to be submitted and at the times required by the board.

(2) Each application shall be accompanied by an application fee of $250 for each plant for which a permit is requested and the fee shall be non-refundable and shall not be prorated.

(3) In applying for a permit, the owner or operator of each plant consents to reasonable inspection of the plant by the board at the times designated by the board to determine compliance with rules for permit issuance or to determine continued compliance after issuance.
Ala. Code § 20-2-29 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-29
Section 20-2-29 Schedule IV - Listing of Controlled Substances
Status: in_force

(a) The controlled substances listed in this section are included in Schedule IV:

(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

a. Barbital;

b. Chloral betaine;

c. Chloral hydrate;

d. Ethchlorvynol;

e. Ethinamate;

f. Methohexital;

g. Meprobamate;

h. Methylphenobarbital;

i. Paraldehyde;

j. Petrichloral;

k. Phenobarbital.

(b) The State Board of Health may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (a) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
Ala. Code § 20-2A-63 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-63
Section 20-2A-63 Processor Licensing
Status: in_force

(a)(1) A processor license authorizes all of the following:

a. The purchase or transfer of cannabis from a cultivator.

b. The processing of cannabis into medical cannabis which shall include properly packaging and labeling medical cannabis products, in accordance with this section.

c. The sale or transfer of medical cannabis to a dispensary.

(2) A processor license authorizes the processor to transfer medical cannabis only by means of a secure transporter.

(b) The commission shall issue no more than four processor licenses.

(c)(1) All medical cannabis products must be medical grade product, manufactured using documented good quality practices, and meet Good Manufacturing Practices, such that the product is shown to meet intended levels of purity and be reliably free of toxins and contaminants. Medical cannabis products may not contain any additives other than pharmaceutical grade excipients.

(2) The commission shall be responsible for enforcing Good Manufacturing Practices.

(d) Medical cannabis products may not be processed into a form that is attractive to or targets children, including all of the following which are prohibited:

(1) Any product bearing any resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture figure.

(2) Any product bearing a reasonable resemblance to a product available for consumption as a commercially available candy.

(3) Any product whose design resembles, by any means, another object commonly recognized as appealing to, or intended for use by, children.

(4) Any product whose shape bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon rendering.

(e) All of the following shall apply to all packages and labels of medical cannabis products:

(1) Labels, packages, and containers shall not be attractive to minors and may not contain any content that reasonably appears to target children, including toys, cartoon characters, and similar images. Packages shall be designed to minimize appeal to children and must contain a label that reads: “Keep out of reach of children.”

(2) All medical cannabis products must be packaged in child-resistant, tamper-evident containers.

(3) All medical cannabis product labels shall contain, at a minimum, the following information:

a. Lot and batch numbers.

b. A license identification number for the cultivator and a license identification number for the processor.

c. Cannabinoids content and potency.

d. The universal state symbol printed in color at least one-half inch by one-half inch in size.

(f) The commission shall establish one universal flavor for all gelatinous cube, cuboid, and lozenge medical cannabis products.

(g) The following statement shall be included on each label, if space permits, or as an insert within the package: “WARNING: This product may make you drowsy or dizzy. Do not drink alcohol with this product. Use care when operating a vehicle or other machinery. Taking this product with medication may lead to harmful side effects or complications. Consult your physician before taking this product with any medication. Women who are breastfeeding, pregnant, or plan to become pregnant should discuss medical cannabis use with their physicians.”

(h) Any advertisement and any package or label may not contain any false statement or statement that advertises health benefits or therapeutic benefits of medical cannabis.

(i) The commission may require the implementation of a digital image such as a QR Code for purposes of tracking medical cannabis products. The digital image must interface with the statewide seed-to-sale tracking system.

(j) The commission shall determine what information from the label shall be entered into the statewide seed-to-sale tracking system.
Ala. Code § 20-1-55 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-55
Section 20-1-55 Exemption from Prosecution of Dealers
Status: in_force

No dealer shall be prosecuted under this division when he can establish a bona fide guarantee, signed by a reputable wholesaler, jobber, or manufacturer from whom he purchased the article that the article is not adulterated or misbranded within the meaning of this division (designating it) and that he had no knowledge of such adulteration or misbranding at the time the article was purchased. A guarantee given pursuant to this section must contain the name and address of the vendor from whom the article was purchased, who shall be amendable to the prosecutions, fines, and other penalties to which the purchaser would otherwise be liable.
Ala. Code § 20-1-137 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-137
Section 20-1-137 Adulteration and Misbranding of Mellorine, Imitations Thereof, Etc.; Sale or Offer for Sale of Adulterated or Misbranded Mellorine
Status: in_force

Any food product containing any food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which purports to be or is represented as mellorine as defined in this article but which does not conform to such definition and standard of identity shall be deemed to be adulterated and misbranded, notwithstanding the employment of any fanciful name or the use of the word “imitation” to designate the product; provided, that the natural occurrence of a food fat in any flavoring used in mellorine shall not be construed to be adulteration within the meaning of this section. If mellorine is adulterated as provided in the case of food under the provisions of Section 20-1-22, such adulteration is hereby prohibited.

The sale or offering for sale of adulterated or misbranded mellorine is hereby prohibited.
Ala. Code § 20-1-144 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-144
Section 20-1-144 Violation of Article; Enforcement
Status: in_force

(a) A person who produces milk, milk products, or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service container or closure without first obtaining the required permit or violates a rule or order issued pursuant to this article shall be guilty of a Class A misdemeanor.

(b) The State Board of Health shall institute a civil action in any circuit court in the State of Alabama to enforce the provisions of this article. Any person who operates without a valid permit may be enjoined from the operation by the circuit court without prior resort to criminal remedies.
Ala. Code § 20-2-53 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-53
Section 20-2-53 Registration of Persons Manufacturing, Distributing or Dispensing Controlled Substances - Order to Show Cause; Proceedings; Review; Issuance of Stay
Status: in_force

(a) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the certifying boards shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the certifying board at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative Procedure Act and the procedures established by the respective certifying board without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.

(b) Anyone adversely affected by any order of a certifying board denying, suspending, or revoking a registration or refusing the renewal of a registration, whether or not such suspension, revocation, or registration is limited, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.

(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the certifying board suspending, revoking, or restricting a registration. The suspension, revocation, or restriction of a registration shall be given immediate effect, and no stay or supersedeas shall be granted pending judicial review of a decision by the certifying board to suspend, revoke, or restrict a registration unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the certifying board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion. Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of the administrative decisions of a certifying board, including writ of mandamus, or judicial review pursuant to the Alabama Administrative Procedure Act, must be filed, commenced, and maintained in the Circuit Court of Montgomery County, Alabama.

(d) From the judgment of the circuit court, either the certifying board or the affected party who invoked the review may obtain a review of any final judgement of the circuit court under Section 41-22-21. No security shall be required of the certifying board.
Ala. Code § 20-2-189 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-189
Section 20-2-189 Property Rights in Chemicals Forfeited Upon Violation
Status: in_force

All listed precursor chemicals as defined in Section 20-2-181, which have been, or which are intended to be sold, transferred, manufactured, purchased for resale, possessed, or otherwise transferred in violation of a provision of this article shall be subject to forfeiture to the state and no property right shall exist in them.
Ala. Code § 20-1-131 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-131
Section 20-1-131 Purpose of Article
Status: in_force

The purpose of this article is to authorize and regulate the manufacture and sale of the frozen food product designated as “Mellorine,” any other provisions of law or rules and regulations promulgated thereunder to the contrary notwithstanding.
Ala. Code § 20-1-6 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-6
Section 20-1-6 Nonliability of Good Faith Donors and Distributors of Canned or Perishable Food
Status: in_force

(a) When used in this section, the words and terms defined in this subsection shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated:

(1) CANNED FOOD. Any food commercially processed and prepared for human consumption;

(2) PERISHABLE FOOD. Any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.

(b) All laws to the contrary notwithstanding, a good faith donor of canned or perishable food, which is apparently fit for human consumption at the time it is donated, to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such donor.

(c) All laws to the contrary notwithstanding, a bona fide charitable or nonprofit organization which in good faith receives and distributes food, which is apparently fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such organization.

(d) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions. Provided, however, that nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
Ala. Code § 20-2B-1 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-1
Section 20-2B-1 Short Title; Definitions
Status: in_force

(a) This chapter shall be known and may be cited as the Agent Billy Clardy III Act.

(b) For the purposes of this chapter, the following terms have the following meanings:

(1) AGENCY. Alabama State Law Enforcement Agency.

(2) AGGRIEVED INDIVIDUAL. An individual who was a party to an intercepted wire or electronic communication or an individual against whom the interception was directed.

(3) ATTORNEY GENERAL. The Attorney General of the State of Alabama or his or her designee.

(4) COMMUNICATION COMMON CARRIER. The term as defined in 47 U.S.C. § 153(11).

(5) COMMUNICATIONS SERVICE PROVIDER. A provider of communications service as defined in Section 37-2A-2.

(6) CONTENTS. When used with respect to a wire or electronic communication, any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication.

(7) ELECTRONIC COMMUNICATION. Any transfer of an electronic or other signal, including any fax signal, computer generated signal, other similar signal, or scrambled or encrypted signal transferred via wire, radio, electromagnetic, photoelectric, or photo optical system from one party to another in which the involved parties may reasonably expect the communication to be private.

(8) ELECTRONIC, MECHANICAL, OR OTHER DEVICE. A device or apparatus primarily designed or used for the nonconsensual interception of wire or electronic communications.

(9) FOREIGN LANGUAGE. Any language not recognized as the official language of this state as provided in Section 36.01 of the Constitution of Alabama of 2022.

(10) INTERCEPT. The aural or other acquisition of the contents of a wire or electronic communication through the use of an electronic, mechanical, or other device.

(11) INTERPRETIVE SERVICES. Assistance in interpreting intercepted wire or electronic communications that contain coded language or foreign language and in minimizing the interception of communications that are not subject to interception under this chapter.

(12) INVESTIGATIVE OFFICER. A special agent of the agency, a special agent of the Attorney General’s office, or any other law enforcement officer of this state designated by the secretary of the agency who meets guidelines established by the secretary and who has successfully completed a training course approved by the Attorney General on the legal and technical aspects of the interception and use of wire or electronic communications.

(13) JUDGE OF COMPETENT JURISDICTION. A circuit court judge in the county where the intercept is expected to take place or a circuit court judge designated by the Chief Justice of the Supreme Court or by the Alabama Supreme Court to hear intercept applications or where the interception takes place.

(14) PERSON. An individual, corporation, partnership, company, or other business entity.

(15) PROSECUTOR. A district attorney or his or her designee.

(16) QUALIFIED INTERPRETER. An individual who is qualified, through training or experience satisfactory to the secretary, to interpret coded language or a foreign language and who is approved by the secretary to provide interpretive services for an intercept pursuant to Section 20-2B-2.1.

(17) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency or his or her designee.

(18) WIRE COMMUNICATION. A communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by an individual engaged as a communication common carrier or communications service provider in providing or operating the facilities for the transmission of communications.
Ala. Code § 20-2-111 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-111
Section 20-2-111 Legislative Findings; Cannabis Research
Status: in_force

The Legislature finds that recent research has shown that the use of cannabis may alleviate nausea and ill-effects of cancer chemotherapy, and may alleviate the ill-effects of glaucoma. The Legislature further finds that there is a need for further research and experimentation with regard to the use of cannabis under strictly controlled circumstances. It is for these purposes that the Controlled Substances Therapeutic Research Act is hereby established.
Ala. Code § 20-1-143 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-143
Section 20-1-143 Denial of Permit Renewal and Suspension or Revocation of Permit; Appeals
Status: in_force

The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit issued for flagrant, serious, or continued violations of rules or public health laws. Administrative appeals shall be made in a timely manner to the State Board of Health in accordance with rules of the board.

(1) Appeals from final rulings shall be made on the administrative record to the circuit court of the county in which the plant is located, if within the State of Alabama, or to the Circuit Court of Montgomery County.

(2) When, in the judgment of the State Health Officer, the operation of a permitted plant poses an immediate and serious danger, threat, or menace to the public health, the State Health Officer shall summarily suspend the permit issued hereunder and order the plant closed prior to an administrative hearing. Administrative hearings on the summary suspensions shall be held as soon as practicable unless waived by the permittee and shall be appealable as provided in subdivision (1).

(3) When the State Health Officer has summarily suspended a permit, the State Health Officer shall order the summary destruction of contaminated milk, milk products, or frozen desserts, and in so ordering incurs no liability for the costs of the milk, milk products, or frozen desserts or for costs of the destruction thereof on his or her own behalf or on the behalf of the State of Alabama or an agency or officer, agent, servant, or employee thereof.
Ala. Code § 20-2-20 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-20
Section 20-2-20 Administration of Chapter
Status: in_force

(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20-2-31 pursuant to the procedures of the State Board of Health. In making a determination regarding a substance, the State Board of Health shall consider all of the following:

(1) The actual or relative potential for abuse.

(2) The scientific evidence of its pharmacological effect, if known.

(3) The state of current scientific knowledge regarding the substance.

(4) The history and current pattern of abuse.

(5) The scope, duration, and significance of abuse.

(6) The risk to the public health.

(7) The potential of the substance to produce psychic or physiological dependence liability.

(8) Whether the substance is an immediate precursor of a substance already controlled under this chapter.

(b) After considering the factors enumerated in subsection (a), the State Board of Health shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

(c) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, the State Board of Health shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30-day period, the State Board of Health objects to inclusion, rescheduling, or deletion. In that case, the State Board of Health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the State Board of Health shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the State Board of Health, control under this chapter is stayed until the State Board of Health publishes its decision.

(d) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.

(e) The State Board of Health shall exclude any nonnarcotic substance from a schedule if such substance, under the federal Food, Drug and Cosmetic Act, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, and the law of this state may be lawfully sold over the counter without a prescription.
Ala. Code § 20-2-211 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-211
Section 20-2-211 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the respective meanings ascribed by this section:

(1) CERTIFYING BOARDS. Those boards designated in subdivision (3) of Section 20-2-2.

(2) CONTROLLED SUBSTANCE. Any drug or medication defined as a controlled substance within the meaning of subdivision (4) of Section 20-2-2.

(3) DEPARTMENT. The Alabama Department of Public Health.

(4) LICENSING BOARD OR COMMISSION. The board, commission, or other entity that is authorized to issue a professional license to a pharmacist or an authorized practitioner.

(5) PHARMACIST. Any person, as defined in subdivision (17) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy or otherwise permitted by Alabama or federal law to practice the profession of pharmacy within this state.

(6) PHARMACY. A retail establishment, as defined in subdivision (18) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy.

(7) PRACTITIONER or AUTHORIZED PRACTITIONER. A medical, dental, podiatric, or optometric practitioner licensed, registered, or otherwise authorized by Alabama or federal law to prescribe, dispense, or furnish controlled substances within this state.

(8) STATE HEALTH OFFICER. The executive officer of the Alabama Department of Public Health as designated in Section 22-2-8.
Ala. Code § 20-2-282 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-282
Section 20-2-282 Training of Law Enforcement Officers to Carry and Administer Opioid Antagonists
Status: in_force

On or before January 1, 2016, the Alabama Department of Public Health shall approve a specific training curriculum for completion by law enforcement officers who elect to carry and administer opioid antagonists.