Ala. Code § 20-2-50 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-50
Section 20-2-50 Certifying Boards to Promulgate Rules and Charge Reasonable Fees for Registration and Administration of Provisions Relating to Manufacture, Etc., of Controlled Substances; Disposition of Fees Collected
Status: in_force

(a) The certifying boards shall promulgate rules and charge reasonable fees to defray expenses incurred in registration and administration of the provisions of this article in regard to the manufacture, dispensing, or distribution of controlled substances within the state.

(b) The fees collected to defray expenses shall be retained by the certifying boards.
Ala. Code § 20-2B-4 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-4
Section 20-2B-4 Intercept Order - Request; Affidavit
Status: in_force

(a)(1) An investigative officer may submit a written request to the secretary requesting the secretary apply for an intercept order. If the secretary approves the request, the secretary may submit a written request to the Attorney General requesting the Attorney General apply for an intercept order to a judge of competent jurisdiction. The written request shall be on a form approved by the Attorney General and shall include an affidavit.

(2) The affidavit shall include all of the following:

a. The identity of the investigating officer making the application.

b. A statement of the facts and circumstances relied upon by the applicant to justify the belief that an order should be issued, including all of the following:

1. Details of the specific offense that has been committed, is being committed, or will be committed.

2. A particular description of the nature and location of the communications facilities from which, or the place where, the communication is to be intercepted.

3. A particular description of the type of communication sought to be intercepted.

4. The identity of the individual, if known, whose communications are to be intercepted.

c. A statement that other investigative procedures have been attempted and failed, reasonably appear to be unlikely to succeed if attempted, or are too dangerous to be attempted.

d. A statement of the period of time the intercept is required to be maintained, including a statement of whether the intercept will automatically terminate when the described communication is first obtained. If the authorization for the intercept does not automatically terminate when the described type of communication is obtained, facts that establish probable cause to believe additional communications of the same type will occur.

e. A statement of the facts concerning all previous applications known to the applicant, made to any judge for approval of an intercept involving the same individual, facilities, or places specified in the application and the action taken by the judge, if known.

f. If the application is for the extension of an order, a statement explaining the results obtained from the intercept or a reasonable explanation of the failure to obtain required results.

(b)(1) The Attorney General shall review the request and decide whether it is appropriate to submit an application to a judge of competent jurisdiction for an intercept order.

(2) If the Attorney General decides to submit an application, he or she shall notify the secretary or the investigative officer.

(3) If the Attorney General declines to submit an application, he or she shall send the secretary or the investigative officer a notice of declination within 10 days.
Ala. Code § 20-2-190 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-190
Section 20-2-190 Penalties; Sale of Ephedrine, Etc.; Alabama Drug Abuse Task Force
Status: in_force

(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person:

(1) Knowingly fails to comply with the reporting requirements of this article;

(2) Knowingly makes a false statement in a report or record required by this article or the rules adopted thereunder;

(3) Is required by this article to have a listed precursor chemical license or permit, and is a person as defined by this article, and knowingly or deliberately fails to obtain such a license or permit. An offense under this subsection shall constitute a Class C felony.

(b) Notwithstanding the provisions of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical or a product containing a precursor chemical or ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers commits an offense if the person possesses, sells, transfers, or furnishes the substance with the knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance. An offense under this subsection shall constitute a Class B felony.

(c)(1) It shall be unlawful for any person, business, or entity to knowingly sell any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers unless sold from a pharmacy licensed by the Alabama Board of Pharmacy. Any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers sold within a pharmacy must be sold by an individual licensed as a pharmacist, a pharmacy technician licensed by the Alabama Board of Pharmacy, or by an employee of the pharmacy under the direct supervision and control of a licensed pharmacist.

(2) Products whose sole active ingredient is ephedrine or pseudoephedrine in strength of 30 mg. or more per tablet cannot be offered for retail sale loose in bottles, but must be sold only in blister packages.

(3) All packages of tablets containing ephedrine or pseudoephedrine shall be stored by a pharmacy by placing the products behind a counter, within the pharmacy where the public is not permitted.

(4) No person shall deliver, sell, or purchase products sold over-the-counter that contain a combined total of more than 3.6 grams per calendar day or more than 7.5 grams per 30 days, of ephedrine base or pseudoephedrine base. It shall not be a defense under this subdivision if no money was exchanged during a transaction that would otherwise be unlawful under this subdivision.

(5)a. Each pharmacy selling an over-the-counter product in compliance with paragraph b. of this subdivision shall require the purchaser of the product or products to be at least 18 years of age, to provide a valid, unsuspended driver’s license or nondriver identification card issued by this state, a valid, unsuspended driver’s license or nondriver identification card issued by another state, a United States Uniformed Services Privilege and Identification Card, or a United States or foreign passport, and to sign a record of each transaction. A record of each transaction shall include the magnetic transfer or electronic entry of information data from the identification card into the system, as well as the type of identification card used, including the number, name, date of birth, and current, valid address of the purchaser, the date and time of the sale, the name of the product being sold, as well as the total quantity in grams, of ephedrine or pseudoephedrine being sold. The system required pursuant to this section shall be available to the state and to pharmacies accessing the system without cost. Effective January 1, 2011, provided a system is available to the state without cost to the state or pharmacies for accessing the system, before completing a sale of a product covered by this section, a pharmacy shall submit the required information to the electronic sales tracking system established under subdivision (1) of subsection (i). The seller shall not complete the sale if the system generates a stop sale alert except when the seller follows the procedure described under subsection (i) for overriding the stop sale alert when the seller has fear of bodily harm. Any seller who fails to comply with this subdivision shall be guilty of a Class A misdemeanor upon a first offense, and a Class C felony on a second or subsequent offense, except that sellers who exercise the override feature described under subdivision (3) of subsection (i) when a stop sale alert is generated shall not be subject to misdemeanor or felony charges. Absent negligence, wantonness, recklessness, or deliberate misconduct, any retailer maintaining the electronic sales tracking system in accordance with this subdivision shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party unless the retailer has violated any provision of this subsection in relation to a claim brought for such violation. Any excessive or suspicious sales of such a product by any wholesaler, manufacturer, or repackager as defined in Section 34-23-1 shall be reported to the Alcohol Beverage Control Board and the Board of Pharmacy. Any person who fails to comply with this subdivision shall be guilty of a Class A misdemeanor upon a first offense, and a Class C felony upon a second or subsequent offense.

b. If a pharmacy selling an over-the-counter product in compliance with subdivision (3) experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with paragraph a. of this subdivision, the pharmacy shall maintain a written log or an alternative electronic recordkeeping mechanism that complies with all identification and documentation requirements of Act 2012-237, until the pharmacy is able to comply with paragraph a. of this subdivision.

(6) This subsection does not apply to products dispensed pursuant to a legitimate prescription.

(7) This subsection shall preempt all local ordinances or regulations governing the sale or purchase of products containing ephedrine or pseudoephedrine.

(8) A pharmacist who is the general owner or operator of an establishment where ephedrine or pseudoephedrine products are available for sale shall not be penalized pursuant to this section for conduct of an employee if the retailer documents that an employee training program was conducted by or approved by the Alabama Drug Abuse Task Force (ADATF), pursuant to subsection (h). As provided in subsection (h), the Alabama Board of Pharmacy shall develop or approve all training programs for those pharmacy employees referenced in subdivision (1) and submit such programs to the ADATF for approval. The ADATF must review any training programs submitted by the Alabama Board of Pharmacy at its next subsequent called or scheduled public meeting and within 7 days, report its decision in writing to the Alabama Board of Pharmacy.

(9) A violation of subdivision (1), (2), (3), or (4) shall constitute a Class A misdemeanor on a first offense and a Class C felony on subsequent offenses. The violations shall be punishable as provided by law.

(d) Any person who resides within any state that requires a prescription for any purchase of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, or who presents a valid identification as provided in subdivision (5) of subsection (c) from any state that requires a prescription for any purchase of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, may purchase those products only upon presentation of a valid prescription for the ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers. The electronic system established in Act 2012-237 shall generate a stop sale and block any purchase in violation of this subsection, absent a valid lawful prescription.

(e) Beginning October 1, 2005, any wholesaler, manufacturer, or repackager of drug products as defined in Section 34-23-1, other than a wholesaler, manufacturer, or repackager licensed by the Board of Pharmacy, shall obtain a registration annually from the Alcoholic Beverage Control Board which may promulgate and implement administrative rules for the registrations. Beginning October 1, 2010, any wholesaler, manufacturer, or repackager shall keep complete records of all sales and transactions involving a listed precursor chemical or a product containing a precursor chemical including the names of all parties involved in the transaction, the name of the products being sold, as well as the total quantity in grams, of the precursor chemical or product involved. Any wholesaler, manufacturer, or repackager selling a listed precursor chemical or product to an individual shall require the purchaser of the product or products to be at least 18 years of age and to provide government-issued photographic identification of himself or herself. The records shall be maintained for at least 36 months and the records shall be available for inspection by any law enforcement officer or investigator of the Board of Pharmacy during normal business hours. Failure to comply with subsection (d) and this subsection shall be a Class A misdemeanor for a first offense and a Class C felony for a second or subsequent offense.

(f) Beginning October 1, 2005, every retailer of ephedrine or pseudoephedrine, or a product containing ephedrine or pseudoephedrine, is required to be registered with the Alcoholic Beverage Control Board to lawfully sell ephedrine or pseudoephedrine products to consumers.

(g) In addition to any other penalty that may be provided, a sale of ephedrine or pseudoephedrine by a wholesaler, manufacturer, repackager, or retailer without a license as required by subsections (e) and (f) is a Class A misdemeanor for a first offense and a Class C felony for a second or subsequent offense. In addition to any other penalty that may be provided, a sale of ephedrine or pseudoephedrine in violation of this section by a wholesaler, manufacturer, repackager, or retailer who is licensed as required by subsection (e) or (f) shall result in cancellation of the required registration and forfeiture of the right to sell the products for at least two years or longer as determined by the Alcoholic Beverage Control Board.

(h)(1) The Alabama Drug Abuse Task Force (ADATF) is established and given the authority to do all of the following:

a. Approve or develop drug awareness, enforcement, education, prevention, and training programs. The programs shall be designed to curb the abuse of all dangerous, illegal, or abused drugs, including but not limited to, methamphetamine precursors, other key, critical, common ingredients used to make methamphetamine, or other illegal or abused drugs in the State of Alabama. These programs may be targeted for, but not limited to, employees of establishments where ephedrine or pseudoephedrine products or other key or critical or common ingredients in the illegal manufacture of methamphetamine or other illegal or dangerous drugs are available for sale. Education, prevention, and training programs also may be targeted to law enforcement, prosecutors, the judiciary, students, or that may further serve to protect, educate, and inform the public. The programs may be administered by the Alcoholic Beverage Control Board in conjunction with its program to restrict access to tobacco products by minors pursuant to Chapter 11, Title 28. The programs may be further administered by any law enforcement drug abuse and violent crime task force, the Alabama Department of Education, a licensed private drug education or prevention entity approved by the ADATF, or any other governmental or quasi-governmental agency or entity partnering with the ADATF to serve the purposes of this article. The Alabama Department of Public Health, ADATF, and the Alabama State Board of Education, shall enter into a memorandum of understanding to develop and implement the training, education, or prevention programs referenced in this section, and are authorized to expend any funds necessary to further the requirements and objectives of the ADATF and this subsection or any other legitimate drug abuse prevention or law enforcement purpose for the protection of the citizens of this state.

b. Advise the ABC Board, the Alabama Board of Pharmacy, Alabama law enforcement, prosecutorial entities, or other governmental or quasi-governmental agency or entity partnering with the ADATF regarding its responsibilities prescribed in this article.

c. Report to the Legislature by the 10th day of each legislative session, on the state of illegal drug abuse, trends in the use, distribution, and manufacture of illegal or synthetic drugs, and the use and misuse of related precursors in Alabama. The ADATF may only gather such information from legitimately verifiable sources or in a public forum. The report may include recommendations with regard to public policy, potential legislation, allocation of resources, or other recommendations which may aid in the curbing of drug abuse and drug crime or would best serve the safety and well being of the state. The report may include, but is not limited to, all of the following:

1. Statistical data involving drug abuse, drug crime, or drug related crime.

2. Efforts within the state involving education, prevention, and treatment of drug addiction.

3. Critical needs of law enforcement.

4. Organized crime efforts in the area of drug distribution, trafficking, manufacturing, or related criminal activity.

5. Critical needs for prisons.

6. Prosecution entities and the courts.

7. Other critical threat assessments involving the safety of the State of Alabama.

(2) The task force shall consist of the following members:

a. The Attorney General, or his or her designee.

b. The President of the Alabama State Board of Pharmacy, or his or her designee.

c. A representative appointed by the District Attorney’s Association.

d. A member of a regional county drug task force as appointed by the District Attorney’s Association.

e. The Secretary of the Alabama State Law Enforcement Agency, or his or her designee.

f. A representative appointed by the Chiefs of Police Association.

g. A member of a regional county drug task force as appointed by the Chiefs of Police Association.

h. A representative appointed by the Sheriff’s Association.

i. A representative appointed by the Narcotics Officers Association.

j. A representative of the Alabama Association of Pharmacists.

k. The Commissioner of the Alabama Department of Revenue, or his or her designee.

l. A member or director of the Alabama Sentencing Commission.

m. The Chair of the Alabama Assistant District Attorneys Association.

n. The Director of the Alabama Department of Human Resources, or his or her designee.

o. A representative of the Alabama Retail Association.

p. A representative of the Alabama Administrative Office of Courts.

q. The Commissioner of the Alabama Department of Corrections, or his or her designee.

r. The State Superintendent of Education, or his or her designee.

s. A representative of the Commission of Environmental Management.

t. The Director of the Alabama Department of Forensic Sciences, or his or her designee.

u. The State Health Officer, or his or her designee.

v. A representative of the mental illness and substance abuse services of the Alabama Department of Mental Health.

w. The Director of the Office of Prosecution Services, or his or her designee.

x. A representative of the State Bureau of Investigations.

y. A representative of the Board of Dental Examiners.

z. A representative of the Alcoholic Beverage Control Board.

(3) The membership shall select a chair on a bi-annual basis.

(4) The membership of the task force shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(5) The chair of the task force shall be responsible for the conduct of the meetings and any correspondence or reports derived therefrom.

(6) The chair of the task force shall call an organizational meeting of the task force within 60 days of July 1, 2010, and the task force shall report its meeting schedule and procedural rules to the Clerk of the House of Representatives and the Secretary of the Senate within 10 days of the meeting. The task force shall instruct the State Bureau of Investigations regarding the creation of a drug abuse information system, as well as a drug offender tracking system pursuant to Section 20-2-190.2, to further the mission of the task force and assist law enforcement in the prevention of illegal drug activity. This system shall include, but not be limited to, data regarding illegal drug manufacture, trafficking, distribution, and usage trends across the state. This information shall be made available and be in a form and method which will enable the task force to have an accurate and detailed understanding of the nature of drug abuse and the geographical impact of the various abused drugs in Alabama.

(7) The task force may expend any funds from any source, including, but not limited to, donations, grants, and appropriations of public funds received for purposes of this subsection.

(8) No function or duties of the Drug Abuse Task Force shall be the responsibility or under the purview of the Governor of Alabama.

(9) The task force shall not be obligated to fund the development of programs described in subdivision (1) unless the Legislature appropriates funding to the task force for this purpose.

(10)a. A subcommittee shall be created within the task force to study the availability of ephedrine and ephedrine products. Members of the subcommittee shall include:

1. The Attorney General.

2. A member of the Legislature appointed by the Speaker of the House of Representatives.

3. A member of the Legislature appointed by the President Pro Tempore of the Senate.

4. A district attorney, or his or her designee, appointed by the Alabama District Attorneys Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.

5. A sheriff appointed by the Alabama Sheriff’s Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.

6. A chief of police appointed by the Alabama Chiefs of Police Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.

7. The Director of the Alabama Department of Forensic Sciences, or his or her designee.

8. The Chair of the Alabama Drug Abuse Task Force.

b. On the tenth day of the next regular session of the Legislature, the subcommittee of the task force shall report to the ADATF and the Legislature a full and detailed assessment of all efforts to limit or ultimately eliminate the availability of ephedrine or ephedrine products to persons with the intent to use them for manufacturing methamphetamine.

c. The subcommittee of the task force shall evaluate and report the effectiveness of the electronic drug offender tracking system created in Section 20-2-190.2, as well as statutory provisions to track or block any illegal or inappropriate sales of ephedrine products. This evaluation and report shall include consideration of criminal statutes regarding the trafficking and manufacture of methamphetamine, industry efforts to prevent improper usage of ephedrine products, as well as other pertinent laws. Where possible, the task force shall also endeavor to project future capabilities to sustain or improve efforts to limit illegal access to ephedrine products for purposes of manufacturing methamphetamine.

d. The subcommittee of the task force, in its effort to provide a complete and accurate report, may utilize, but is not limited to, the use of the following resources:

1. Reports from any governmental or quasi-governmental entity.

2. Statistical data or reports from State Bureau of Investigations, National Precursor Log Exchange, Alabama Fusion Center, Drug Enforcement Administration, or any entity that has membership on the task force.

3. Other appropriate law enforcement, drug treatment, drug prevention, or medical entities that gather verifiable data regarding drug usage, abuse, or any drug crime or drug related crime.

4. Relevant public hearings by the ADATF.

5. Anecdotal information from named and legitimately verifiable sources.

6. All data or information must be sourced and verifiable.

e.1. Any report of the ADATF subcommittee to any governmental entity shall first be submitted to the Alabama Department of Public Health. The department shall evaluate the report. In its review, the department shall evaluate the quality and authenticity of the underlying sourced data. The department shall also determine if the data contained within the report is verifiable and if the ADATF or subcommittee of the task force followed generally accepted scientific or statistical methods in the compilation of the report.

2. In making its determination, the department may consider, but is not limited to, evaluating any method, process, research, calculations, design, control, analysis, hypothesis, or program utilized in the report.

3. In the event that the department determines that the proper methods were not followed, it shall notify the task force or subcommittee of the task force of any deficiencies in the report and allow the task force or subcommittee to revise the report to correct the deficiencies. Otherwise, the report shall contain a notation of the findings of any deficiencies by the department.

(i)(1) The State Bureau of Investigations shall implement a real-time electronic sales tracking system to monitor the over-the-counter, nonprescription sale of products in this state containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, provided that such system is available to the state without cost to the state or retailers for accessing the system. The electronic sales tracking system shall have the technological capability to receive ephedrine and pseudoephedrine sales data from retail establishments submitted pursuant to this subsection. The electronic sales tracking system shall be capable of bridging with existing and future operational systems used by retail at no cost to such retail establishment. The State Bureau of Investigations may enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available to retailers and law enforcement in the state.

(2) The information contained in this electronic sales tracking system shall be available to:

a. Any law enforcement agency or entity as authorized by the State Bureau of Investigations;

b. Pursuant to a subpoena.

(3) This database established pursuant to this subsection shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in subdivision (4) of subsection (c). The system shall contain an override function for use by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.

(j)(1) Upon conviction for any violation of Section 13A-12-260 or 20-2-190, or any violation of a controlled substance or illegal drug crime under Title 13A or this title and in addition to restitution and other costs that may be ordered pursuant to Section 15-18-67, the primary investigative law enforcement or prosecutorial entity shall be entitled, upon request of the district attorney and an order of the court, to recover restitution from any defendant for any legitimate cost incurred in the course of the investigation or prosecution.

(2) Restitution may include, but shall not be limited to, any cost incurred by the primary investigative law enforcement entity of any hazardous material or environmental cleanup of substances related to the manufacture of a controlled substance.

(3) Any real property owner that demonstrates to the court that he or she had no knowledge of, or had no reason to have knowledge of, any illegal manufacturing of controlled substances on his or her property by a defendant convicted of a violation of Section 13A-12-260 or 20-2-190, or any violation of a controlled substance or illegal drug crime under Title 13A or this title, through the district attorney, may request a court order requiring the defendant to pay to the real property owner all reasonable costs, if any, associated with any legitimate environmental cleanup or remediation or repair of the real property where the defendant had committed a controlled substance crime.
Ala. Code § 20-2B-11 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-11
Section 20-2B-11 Annual Reports
Status: in_force

(a) On or before January 31 of each year, any judge who has issued an order, or an extension of an order, pursuant to Section 20-2B-5 that expired during the preceding year, or who has denied approval of an intercept order during the preceding year, shall report to the Administrative Office of the United States Courts all of the following:

(1) The fact that an order or extension was sought.

(2) The kind of order or extension sought.

(3) The fact that the order or extension was granted as applied for, was modified, or was denied.

(4) The period of intercepts authorized by the order and the number and duration of any extensions of the order.

(5) The offense specified in the order, application, or extension.

(6) The identity of the officer making the request and the individual authorizing the application.

(7) The nature of the facilities or the place where communications were to be intercepted.

(b) On or before March 31 of each year, the Attorney General shall report to the Administrative Office of the United States Courts the following information for the preceding calendar year:

(1) The information required by subsection (a) with respect to each application for an order or extension made.

(2) A general description of the intercepts made under each order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of individuals whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions.

(3) The number of arrests resulting from interceptions made under each order or extension and the offenses for which arrests were made.

(4) The number of trials resulting from intercepts.

(5) The number of motions to suppress made with respect to intercepts and the number granted or denied.

(6) The number of convictions resulting from intercepts, the offenses for which the convictions were obtained, and a general assessment of the importance of the intercepts.

(7) The information required by subdivisions (2) through (6) with respect to orders or extensions obtained.

(c) Any judge required to file a report with the Administrative Office of the United States Courts and the Attorney General shall forward a copy of the report to the secretary by March 15 of each year.

(d) On or before April 15 of each year, the secretary shall submit to the Alabama Administrative Office of Courts a report of all intercepts conducted pursuant to this chapter and terminated during the preceding calendar year. Such report shall include all of the following:

(1) All reports received by judges and the report received by the Attorney General, as required by this section.

(2) The number of agency personnel and other designated law enforcement officers authorized to possess, install, or operate electronic, mechanical, or other devices.

(3) The number of agency personnel and other designated law enforcement officers who participated or engaged in the seizure of intercepts pursuant to this chapter during the preceding calendar year.

(4) The total cost to the agency of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided by the agency.

(e) On or before April 15 of each year, the secretary shall submit to the Legislative Council a report of all intercepts conducted pursuant to this chapter and terminated during the preceding calendar year.
Ala. Code § 20-2A-100 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-100
Section 20-2A-100 Creation, Composition; Board of Directors; Purposes; Annual Report; Medical Cannabis Research Fund
Status: in_force

(a) As used in this section, cannabis, medical cannabis, and use of medical cannabis shall have the same meanings as defined in Section 20-2A-3.

(b) There is established the Consortium for Medical Cannabis Research for the purpose of awarding grants to entities for research relating to cannabis and medical cannabis. The initial member institutions shall consist of the HudsonAlpha Institute for Biotechnology, the Southern Research Institute, and public and private four-year colleges and universities within the state designated not later than January 1, 2022, by the Alabama Commission on Higher Education. Membership in the consortium may be increased or decreased by rules established by the board of directors of the consortium.

(c) The management of the consortium shall be vested in a board of directors, composed of the President of HudsonAlpha Institute for Biotechnology, the Chief Executive Officer of the Southern Research Institute, and the presidents of each member college and university. The board of directors shall determine the overall program and general policies of the consortium in conformance with the purposes set forth in subsection (d). The board may elect or appoint officers as it deems desirable, who may or may not be members of the board, to have responsibilities and to exercise authority as the board may prescribe.

(d) The purposes of the consortium are as follows:

(1) Award grants to public or private entities to conduct rigorous research relating to cannabis, the cannabis industry, medical cannabis, and the use of medical cannabis and its impact.

(2) Monitor research conducted pursuant to grant awards and require accountability by entities awarded grants.

(3) Encourage dialog among interested entities.

(4) Effectively disseminate research findings and outcomes.

(e) By February 15 of each year, the board of directors shall issue a report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General on research projects, research findings, community outreach initiatives, and future plans for the consortium.

(f) There is created a special account in the State Treasury to be known as the Medical Cannabis Research Fund. Expenditures from the Medical Cannabis Research Fund shall be made to fund grants awarded by the consortium in accordance with this section and to otherwise implement and administer this section. Amounts in the Medical Cannabis Research 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.
Ala. Code § 20-1-30 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-30
Section 20-1-30 Sale, Offer for Sale, Etc., of Certain Artificially Colored Potatoes
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 20-1-28 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-28
Section 20-1-28 Manufacture, Sale, Etc., of Soft Drinks, Etc., Colored with Coal Tar Preparation, Etc., or Sweetened with Artificial Sweeteners; Labeling and Display for Sale of Artificially Sweetened Soft Drinks, Etc., Manufactured for Special Dietary Use by Certain Persons
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 20-1-152 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-152
Section 20-1-152 Department of Health to Promulgate Rules
Status: in_force

The Department of Health shall promulgate rules for implementing the provisions of this article.
Ala. Code § 20-2-183 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-183
Section 20-2-183 Permit for Possession; Requirements to Receive Permit; Copies
Status: in_force

(a) Any person having a legitimate need for using a listed precursor chemical defined in Section 20-2-181, shall apply in person to the Board of Pharmacy for a permit to possess such chemical each time said chemical is obtained.

(b) The following must be submitted in person to the Board of Pharmacy to receive a permit for possession of listed precursor chemicals:

(1) A driver’s license number or other personal identification certificate number, date of birth, residential or mailing address, other than a post office box number, and a driver’s license or personal identification card issued by the Alabama State Law Enforcement Agency which contains a photograph of the recipient;

(2) In the event the applicant is a corporation, the information in this section shall be required of the person making application for the permit. In addition, the person making application for the permit on behalf of a corporation shall disclose his relationship to the corporation;

(3) The make, model, model year, state where licensed, and license number of the motor vehicle owned and operated by the recipient;

(4) The serial number of the permit issued in the name of the recipient by the Board of Pharmacy pursuant to this section, which shall be obtained from personal observation of the permit;

(5) A complete description of how the chemical is to be used; and

(6) The location where the chemical is to be stored and used.

(c) The permit shall consist of three parts, including:

(1) The original to be retained by the Board of Pharmacy;

(2) A copy to be retained by the manufacturer, wholesaler, retailer, or other person furnishing listed precursor chemicals; and

(3) A copy to be attached to the container of the listed precursor chemical and to be kept with the chemicals at all times.
Ala. Code § 20-2-74 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-74
Section 20-2-74 Prescription, Administration, Etc., of Controlled Substances by Practitioners of Veterinary Medicine for Use of Human Beings or by Practitioners of Dentistry for Persons Not Under Treatment in Regular Practice of Profession
Status: in_force

(a) It shall be unlawful for any practitioner of dentistry to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for any person not under his treatment in his regular practice of his profession or for any practitioner of veterinary medicine to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for the use of human beings; provided, however, that the provisions of this section shall be construed not to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of substances enumerated in Schedules I through V who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of maintaining addiction or abuse.

(b) Any person who violates this section shall be guilty of a Class B felony.
Ala. Code § 20-1-26 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-26
Section 20-1-26 When Articles Deemed Misbranded Generally - Drugs
Status: in_force

A drug shall be deemed misbranded in the following cases:

(1) If it is an imitation of or offered for sale under the name of another article;

(2) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement of the net contents on the label of the quantity or proportion of any alcohol or any narcotic or habit-forming drug, together with a statement that such drug is narcotic or habit-forming, as the case may be; or

(3) If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or of any of the ingredients or substances contained therein which is false or fraudulent.
Ala. Code § 20-2B-2 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-2
Section 20-2B-2 Possession or Use of Electronic, Mechanical, or Other Device for the Nonconsensual Interception of Wire or Electronic Communications
Status: in_force

(a) No individual or other agency, other than the Alabama State Law Enforcement Agency, may own or possess an electronic, mechanical, or other device.

(b) Only investigative officers may install, operate, or monitor an electronic, mechanical, or other device.

(c) Any law enforcement officer of this state may assist in the operation and monitoring of an interception of a wire or electronic communication as long as an investigative officer is present at all times.

(d) The agency shall perform audits on the electronic, mechanical, or other devices.

(e) The secretary may approve the use of an electronic, mechanical, or other device that is being used by a federal agency, as long as the approval is made in writing and attached to the original affidavit.
Ala. Code § 20-2-21 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-21
Section 20-2-21 Nomenclature of Controlled Substances in Schedules
Status: in_force

The controlled substances listed or to be listed in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31 are included by whatever official, common, usual, chemical, or trade name designated.
Ala. Code § 20-2A-68 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-68
Section 20-2A-68 Licenses as Revocable Privileges
Status: in_force

A license issued under this article is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. A licensee or any other person shall not lease, pledge, or borrow or loan money against a license.
Ala. Code § 20-2B-2.1 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-2.1
Section 20-2B-2.1 Qualified Interpreters Permitted to Monitor Wire or Electronic Communication in Certain Circumstances
Status: in_force

(a) Subject to the approval of the secretary, an intercept authorized pursuant to this chapter may be conducted with the aid of interpretive services in the following circumstances: (1) In anticipation of intercepting a wire or electronic communication using coded language or a foreign language, one or more qualified interpreters may be present during the intercept, as long as an investigative officer is also present. (2) If an intercepted communication uses coded language or a foreign language and a qualified interpreter is not available during the intercept, one or more qualified interpreters may provide interpretive services as soon as practicable after the intercept. (b) Before providing interpretive services, a qualified interpreter who is not a law enforcement officer of this state shall take an oath that he or she will provide a true interpretation in an understandable manner to the best of his or her skill or judgment. (c) The state may enter into contracts for interpretive services pursuant to this chapter.

(1) In anticipation of intercepting a wire or electronic communication using coded language or a foreign language, one or more qualified interpreters may be present during the intercept, as long as an investigative officer is also present.

(2) If an intercepted communication uses coded language or a foreign language and a qualified interpreter is not available during the intercept, one or more qualified interpreters may provide interpretive services as soon as practicable after the intercept.

(b) Before providing interpretive services, a qualified interpreter who is not a law enforcement officer of this state shall take an oath that he or she will provide a true interpretation in an understandable manner to the best of his or her skill or judgment.

(c) The state may enter into contracts for interpretive services pursuant to this chapter.
Ala. Code § 20-2-250 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-250
Section 20-2-250 Definitions
Status: in_force

As used in this article, the following words shall have the following meanings:

(1) ADMINISTER. The direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following:

a. A collaborating physician or, in his or her presence, his or her authorized agent.

b. A certified registered nurse practitioner or certified nurse midwife.

c. The patient at the direction and in the presence of the collaborating physician, certified registered nurse practitioner, or certified nurse midwife.

(2) BOARD. The Board of Medical Examiners of the State of Alabama.

(3) CERTIFIED NURSE MIDWIFE or CNM. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills relative to the management of women’s health care focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women, within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.

(4) CERTIFIED REGISTERED NURSE PRACTITIONER or CRNP. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills in the delivery of nursing services within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.

(5) COLLABORATING PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in Alabama who agrees in writing to practice in collaboration with one or more certified registered nurse practitioners or certified nurse midwives in accordance with Title 34, Chapter 21, Article 5, and the rules and regulations adopted by the Board of Medical Examiners and the Board of Nursing.

(6) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.

(7) PRESCRIPTION. Any order for a controlled substance written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent collaborating physician, certified registered nurse practitioner, or certified nurse midwife authorized by law to prescribe and administer the drug which is intended to be filled, compounded, or dispensed by a pharmacist.

(8) QACSC. A Qualified Alabama Controlled Substances Registration Certificate.
Ala. Code § 20-2-141 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-141
Section 20-2-141 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2.

(2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend controlled drug, that is not a controlled substance, which by dosage unit appearance (including color, size, shape, and markings), and by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In the cases where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance” (for example as in the case of a powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:

a. Statements made by the owner or anyone else in control of the substance concerning the nature of the substance, its use or effect.

b. Statements made to the recipient that the substance may be resold for an inordinate profit.

c. Whether the substance is packaged in a manner normally used for illicit controlled substances.

d. Evasive tactics or actions utilized by the owner or person in control of this substance to avoid detection by law enforcement authorities.

e. Prior convictions, if any, of an owner or anyone in control of the substance, under state or federal law related to controlled substances or fraud.

f. The proximity of the substances to controlled substances.

(3) DISTRIBUTE. The actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.

(4) MANUFACTURE. The production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of an imitation controlled substance.
Ala. Code § 20-1-72 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-72
Section 20-1-72 Applicability of Provisions of Article
Status: in_force

(a) The terms of this article shall not apply to flour, cornmeal, or grits sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent, in such form as the board shall by regulation prescribe, certifying that such product shall be used only for the preparation of secondary products enriched within the given establishment to meet the requirements of this article or for the manufacture of products not required to be enriched by this article. It shall be unlawful for such purchaser to use the unenriched flour, cornmeal, or corn grits in any manner other than as stated in the certificate.

(b) The terms of this article shall not apply to whole wheat flour, whole wheat bread, cake flour, or specialty breads such as raisin bread or cheese bread, but, if enrichment of such specialty products is claimed on the label, then such products must be enriched according to the standards prescribed by this article for comparable nonspecialty products.
Ala. Code § 20-2-257 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-257
Section 20-2-257 Fees
Status: in_force

The Board of Medical Examiners may charge and collect fees to defray expenses incurred in the registration and issuance of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and the administration of this article shall be the same as other mid-level providers. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.
Ala. Code § 20-2-280 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-280
Section 20-2-280 Opioid Antagonist Prescriptions; Administration; Liability
Status: in_force

(a) For the purposes of this section, “opioid antagonist” means naloxone hydrocholoride or other similarly acting drug that is approved by the federal Food and Drug Administration for the treatment of an opioid overdose.

(b) A physician licensed under Article 3 of Chapter 24 of Title 34, or dentist licensed under Chapter 9 of Title 34, acting in good faith may directly or by standing order prescribe, and a pharmacist licensed under Chapter 23 of Title 34, or a registered nurse in the employment of the State Health Department or a county health department, may dispense, an opioid antagonist to either of the following:

(1) An individual at risk of experiencing an opiate-related overdose.

(2) A family member, friend, member of a fire department, rescue squad, volunteer fire department personnel, or other individual, including law enforcement, in a position to assist an individual at risk of experiencing an opiate-related overdose.

(c) As an indicator of good faith, the physician or dentist, prior to prescribing an opioid antagonist under this section, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:

(1) The individual seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.

(2) The individual other than the individual at risk of experiencing an opiate-related overdose and who is seeking the opioid antagonist is in relation to the individual at risk of experiencing an opiate-related overdose as a family member, friend, or otherwise in the position to assist the individual.

(d) An individual who receives an opioid antagonist that was prescribed pursuant to subsection (b) may administer an opioid antagonist to another individual if he or she has a good faith belief that the other individual is experiencing an opiate-related overdose and he or she exercises reasonable care in administering the opioid antagonist. Evidence of exercising reasonable care in administering the opioid antagonist shall include the receipt of basic instruction and information on how to administer the opioid antagonist.

(e) All of the following individuals are immune from any civil or criminal liability for actions authorized under this article:

(1) A physician or dentist who prescribes an opioid antagonist pursuant to subsection (b) and who has no managerial authority over the individuals administering the opioid antagonist or the State Health Officer or any county health officer who issues standing orders or other requirements pursuant to subsection (b).

(2) An individual who administers an opioid antagonist pursuant to subsection (d).

(3) A pharmacist, or registered nurse in the employment of the State Health Department or a county health department, who dispenses an opioid antagonist pursuant to subsection (b).
Ala. Code § 20-1-5 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-5
Section 20-1-5 Penalty for Violations of Chapter or Orders, Rules, or Regulations
Status: in_force

Any person who violates any of the provisions of this chapter or any order, rule, or regulation made or promulgated under authority of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) for each offense; provided, however, that any violation of Section 20-1-27(3) or (4) involving 200 units or more of beverage products shall be punishable by a fine not exceeding five thousand dollars ($5,000). For purposes of this section, the term unit shall mean a single, discreet beverage package, or container.
Ala. Code § 20-1-71 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-71
Section 20-1-71 Definitions. (Amended by Act 2025-387)
Status: in_force

AMENDED BY ACT 2025-387, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) BREAD. Such term includes and shall be limited to bread and rolls (or buns) of every kind and description made wholly or partly from wheat flour which conforms to the definition and standard of identity of bread set out in 21 Code of Federal Regulations, Part 17. Such term excludes bread containing no wheat flour or breads made from 100 percent whole wheat flour, but includes breads made from mixtures of white flour and whole wheat flour, the so-called brown breads.

(2) FLOUR. Such term includes and shall be limited to the foods defined as:

a. Flour, white flour, wheat flour, and plain flour;

b. Bromated flour;

c. Self-rising flour, self-rising white flour, and self-rising wheat flour; and

d. Phosphated flour, phosphated white flour, and phosphated wheat flour in the definitions and standards of identity set out in 21 Code of Federal Regulations, Part 15. Such term also includes all mixtures of such flours with whole wheat or high-extraction flours, but excludes 100 percent whole wheat flour and specially packaged cake and pancake flour.

(3) CORNMEAL. All meal for human consumption made from corn, either white or yellow, whole cornmeal, bolted cornmeal, and degerminated cornmeal as defined in definitions and standards of identity set out in 21 Code of Federal Regulations, Part 15.

(4) GRITS. Grits, pearl grits, and degerminated grits made from corn by grinding or cracking as defined in the standards of identity set out in 21 Code of Federal Regulations, Part 15.

(5) ENRICHMENT. As applied to bread, flour, meal, or grits, such term means the addition thereto of vitamins and other ingredients of the nature required by this article and “enriched bread,” “enriched flour,” “enriched whole cornmeal,” “enriched bolted meal,” “enriched degerminated meal,” or “enriched grits” means the appropriate food product, according to the federal standards of identity, that has been enriched to conform to the requirements of this article.

(6) PERSON. An individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.

(7) APPROPRIATE FEDERAL AGENCY. The federal agency or department or administrative federal officer charged with the enforcement and administration of the federal Food, Drug and Cosmetic Act.

(8) BOARD. The Alabama State Board of Agriculture and Industries.
Ala. Code § 20-2-110 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-110
Section 20-2-110 Short Title
Status: in_force

This article shall be known as the “Controlled Substances Therapeutic Research Act.”
Ala. Code § 20-2-144 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-144
Section 20-2-144 Exceptions
Status: in_force

Nothing in this article shall apply to a noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate.
Ala. Code § 20-2-54.1 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-54.1
Section 20-2-54.1 Rules and Regulations
Status: in_force

The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners, and the Medical Licensure Commission are each authorized to promulgate such rules and regulations as may be required to implement the provisions of this chapter.
Ala. Code § 20-2-256 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-256
Section 20-2-256 Judicial Review
Status: in_force

(a) A certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC) or the renewal of a QACSC 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.

(b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying reinstatement of a QACSC, 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 board suspending, revoking, or restricting a QACSC. The suspension, revocation, or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke, or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion.

(d) From the judgment of the circuit court, either the board or any affected party who invoked judicial review may obtain a review of any final judgment of the circuit court under Section 41-22-21. No security shall be required of the board.
Ala. Code § 20-2A-56 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-56
Section 20-2A-56 Notice and Comment Period; License Ineligibility; Issuance or Denial; Fee; Expiration and Renewal
Status: in_force

(a) Before issuing any license under this article, the commission shall provide notice and a 30-day period during which members of the public may submit written comments regarding an applicant. The commission shall consider all comments received during the 30-day period. The commission may hold a public hearing as it deems necessary, at which the applicant may present its business plan for the operation of its facilities and allow further comments or questions from the public. The hearing shall be conducted in a manner that allows members of the public to participate remotely by virtual means.

(b) An applicant is ineligible to receive a license if any of the following circumstances exist:

(1) An owner, director, board member, or individual with a controlling interest in the applicant has been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 10 years or has been convicted of a controlled substance-related felony within the past 10 years; provided, however, the commission shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15.

(2) The applicant has knowingly submitted an application for a license under this article that contains false information.

(3) An owner, director, board member, or individual with an economic interest in the applicant is a member of the commission.

(4) The applicant fails to demonstrate the ability to maintain adequate minimum levels of liability and casualty insurance or other financial guarantees for its proposed facility.

(5) The applicant cannot provide records described in subdivision (a)(10) of Section 20-2A-55.

(6) For an applicant seeking an integrated facility license or a cultivator license, the applicant cannot provide records described in subdivision (a)(11) of Section 20-2A-55.

(7) The applicant fails to meet other criteria established by rule.

(c) In determining whether to grant a license to an applicant, the commission may consider all of the following:

(1) The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a facility of the applicant and of any other individual that meets either of the following:

a. Controls, directly or indirectly, the applicant.

b. Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant.

(2) The financial ability of the applicant to maintain required financial guarantees.

(3) The sources and total amount of the applicant’s capitalization to operate and maintain the proposed facility.

(4) Whether an owner, director, board member, or individual with a controlling interest in the applicant has been indicted for, charged with, arrested for, convicted of, pled guilty or nolo contendere to, or forfeited bail concerning, or had expunged any relevant criminal offense under the laws of any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of whether the offense has been expunged, pardoned, or reversed on appeal or otherwise.

(5) Whether the applicant has filed, or had filed against it, a proceeding for bankruptcy within the past seven years.

(6) Whether the applicant has been served with a complaint or other notice filed with any court or public agency regarding payment of any tax required under federal, state, or local law that has been delinquent for one or more years.

(7) Whether the applicant has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.

(8) Whether at the time of application the applicant is a defendant in litigation involving its business practices.

(9) The applicant’s ability to capitalize and conduct operations as proposed in its business plan, including business experience in related fields.

(10) The applicant’s history of business activities as it applies to the specific license for which the applicant is seeking licensure.

(11) The proposed location of all proposed medical cannabis facilities as being suitable for all activities, not inconsistent with applicable zoning, and the applicant’s ability to serve an identifiable geographic area.

(12) Whether the applicant meets other standards or requirements established under this article or by rules applicable to the license category.

(d) The commission shall review all applications for licenses and shall determine whether to grant or deny a license not more than 60 days after the date a license application was submitted, or if an applicant was notified of a deficiency under subsection (g) of Section 20-2A-55, the commission shall grant or deny a license not more than 60 days after the deficiency was corrected.

(e) After denial of a license, the commission, upon request, shall provide a public investigative hearing at which the applicant is given the opportunity to present testimony and evidence to establish its suitability for a license. Other testimony and evidence may be presented at the hearing, but the commission’s decision must be based on the whole record before the commission and is not limited to testimony and evidence submitted at the public investigative hearing.

(f) Before issuing a license, the applicant shall pay the annual license fee, as established by the commission.

(g) A license shall be issued annually. Except as otherwise provided in this article, the commission shall renew a license if both of the following requirements are met:

(1) The licensee applies to the commission in a timely manner on a renewal form provided by the commission that requires information prescribed in rules and pays the annual license fee.

(2) The licensee meets the requirements of this article and any other renewal requirements set forth in the rules.

(h) If a license renewal application is not submitted by the license expiration date, the license may be renewed within 60 days after its expiration date upon application, payment of the annual license fee, and satisfaction of any renewal requirement and late fee set forth in rules. The licensee may continue to operate during the 60 days after the license expiration date if the license is renewed by the end of the 60-day period.

(i) License expiration does not terminate the commission’s authority to impose sanctions on a licensee whose license has expired.

(j) A licensee shall consent in writing to inspections, examinations, searches, and seizures that are permitted under this article.

(k) An applicant or licensee has a continuing duty to provide information requested by the commission and to cooperate in any investigation, inquiry, or hearing conducted by the commission.
Ala. Code § 20-2-181 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-181
Section 20-2-181 Board to Designate by Rule Listed Precursor Chemicals; Interim List Established
Status: in_force

(a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed precursor chemicals.

(b) The Board of Pharmacy may subsequently by rule add chemicals as listed precursor chemicals following the criteria set forth in subdivision (2) of Section 20-2-180, and may also by rule delete any substance previously named as a listed precursor chemical. In no event shall a chemical also be designated as a listed precursor chemical if it has been determined to be a controlled substance or an immediate precursor chemical pursuant to the Alabama Uniform Controlled Substances Act, Section 20-2-1 et seq.

(c) If any chemical is designated or deleted as a listed precursor chemical under federal law and notice thereof is given to the Board of Pharmacy, the board shall similarly list or delete the substance under this article after the expiration of 30 days from publication in the federal register of a final rule or order designating or deleting such substance as a listed precursor chemical, unless, within 30 days from publication in the federal register of the final rule or order, the board objects to the designation or deletion. In that case, the board shall publish the reasons for objection in the Alabama Administrative Monthly and shall afford all interested parties an opportunity to submit written comments and to be heard. At the conclusion of the hearing and the comment period, the State Board of Pharmacy shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the designation or deletion by the board, the designation or deletion is stayed until the board publishes its decision. Notwithstanding the provisions of the Alabama Administrative Procedure Act, Sections 41-22-1 through 41-22-27, no further rulemaking or administrative proceedings shall be required of the board with respect to the designation or deletion of substances similarly designated or deleted under federal law.

(d) Until the Board of Pharmacy adopts a rule designating listed precursor chemicals, as required by subsection (a), the following chemicals or substances are hereby deemed listed precursor chemicals:

(1) Acetic anhydride;

(2) Anthranilic acid and its salts;

(3) Benzyl cyanide;

(4) Ephedrine, its salts, optical isomers, and salts of optical isomers;

(5) Ergonovine and its salts;

(6) Ergotamine and its salts;

(7) Hydriodic acid;

(8) Isosafrol;

(9) Methylamine;

(10) N-Acetylanthranilic acid and its salts;

(11) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(12) Phenylacetic acid and its salts;

(13) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;

(14) Piperidine and its salts;

(15) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(16) Safrole; and

(17) 3,4-Methylenedioxyphenyl-2-propanone.
Ala. Code § 20-2-118 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-118
Section 20-2-118 Annual Reports to Governor and Legislature
Status: in_force

Each year, on or before the fifth day of the Regular Session of the Legislature the State Board of Medical Examiners, in conjunction with the board’s review committee, shall report their findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives, regarding the effectiveness of the controlled substances.
Ala. Code § 20-2A-11 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-11
Section 20-2A-11 Possession of Lawfully Obtained Medical Cannabis Card
Status: in_force

The possession of a medical cannabis card lawfully obtained pursuant to this chapter does not infringe on the cardholder’s state or federal constitutional rights.
Ala. Code § 20-2-184 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-184
Section 20-2-184 Denial, Suspension or Revocation of License
Status: in_force

A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the license or permit holder has:

(1) Furnished false or fraudulent material information in any application filed under this article;

(2) Been convicted of a crime under any state or federal law relating to any controlled substance;

(3) Had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;

(4) Violated the provisions of Chapter 23 of Title 34; or

(5) Failed to maintain effective controls against the diversion of said precursors to unauthorized persons or entities.
Ala. Code § 20-1-132 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-132
Section 20-1-132 Definition and Standards for Mellorine
Status: in_force

(a) “Mellorine” means a frozen food product consisting primarily of a sweetened combination of edible vegetable or animal fats, milk solids not fat and other ingredients and all ingredients of which shall be of the quality and in the quantity required under the standards established by the provisions of subsection (b) of this section.

It is the food prepared by freezing while stirring, a pasteurized mix composed of: edible food fats, as defined in subdivision (3) of Section 20-1-130; milk solids not fat as defined in subdivision (4) of Section 20-1-130; sugar or other sweeteners as defined in subdivision (5) of Section 20-1-130; flavor or flavors as defined in subdivision (6) of Section 20-1-130. Added vitamins, one or more of the optional egg ingredients as defined in subdivision (7) of Section 20-1-130 and one or more of the optional stabilizing or emulsifying ingredients as defined in subdivision (8) of Section 20-1-130 may be used in an amount not exceeding one half of one percent of the active ingredients (whether used singly or in combination) of the weight of the finished product.

(b) The standards hereby established for mellorine are as follows: It shall contain not less than 10 percent by weight of food fats and not less than 20 percent food fats and milk solids not fat combined, except when it contains one or more of the optional flavoring ingredients as “flavors” are defined in subdivision (6) of Section 20-1-130, in which case it shall contain not less than 10 percent food fats and not less than 20 percent food fats and milk solids not fat combined, except for such reduction as is due to the addition of such optional flavoring ingredients, but in no case shall it contain less than eight percent food fats or less than 16 percent food fats and milk solids not fat combined. It shall contain not less than 1.6 pounds of total food solids and shall weigh not less than 4.5 pounds per gallon. Harmless coloring and water may be added. The mix may be seasoned with salt and may be homogenized. The mix must be enriched by the addition of vitamins which are naturally present in milk fat in such amount that the vitamin A (with or without vitamin D concentrate) content is not less than 8,400 U.S.P. units of vitamin A per gallon of finished mellorine containing 10 percent of food fats and weighing 4.5 pounds. When mellorine contains more than 10 percent food fats, the vitamin content shall be increased proportionately.
Ala. Code § 20-2-3 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-3
Section 20-2-3 Immunity of Persons Reporting Suspected Use, Etc., of Controlled Substance by Minor Child
Status: in_force

All persons employed in any capacity in the public, private, and church elementary and secondary schools shall be immune from civil liability for communicating information to the parents of a minor child, law enforcement officers, or health care providers concerning the suspected use, possession, sale, distribution of any controlled substance as defined in Chapter 2 of Title 20, by any minor child as defined by law. Notwithstanding the foregoing, this immunity shall not apply if said person communicated such information maliciously and with knowledge that it was false.
Ala. Code § 20-2-67 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-67
Section 20-2-67 Fees; Costs; Administrative Fines
Status: in_force

(a) The board is authorized to charge and collect fees to defray expenses incurred in the registration and issuance of Qualified Alabama Controlled Substances Registration Certificates and the administration of the provisions of this article. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.

(b) The board may require an assistant to physician who has been found to be in violation of Section 20-2-64 or whose application for a Qualified Alabama Controlled Substances Registration Certificate or its renewal or reinstatement has been denied, to pay the administrative costs, fees, and expenses of the board incurred in connection with any proceedings before the board referred to in Section 20-2-65 or in connection with any investigation of the board to determine eligibility of an applicant for a Qualified Alabama Controlled Substances Registration Certificate including, but not limited to, the actual costs of independent medical review and expert testimony, fees, and expenses paid to outside counsel by the board, deposition, costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in rules published by the board. Payment of any such costs, fees, or expenses ordered by the board shall be made and enforced in the same manner as an administrative fine.

(c) Any administrative fine assessed by the board shall be paid to the board and shall not exceed the amount of one thousand dollars ($1,000) for each violation of any of the provisions of Section 20-2-64, or any rule or regulation promulgated by the board. Any administrative fine collected by the board may be expended for the general operation of the board.
Ala. Code § 20-2B-14 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-14
Section 20-2B-14 Exceptions
Status: in_force

(a) This chapter does not apply to an individual who is a subscriber to a service operated by a communication common carrier or communications service provider and who intercepts a communication on a telephone or similarly used device to which he or she subscribes.

(b) This chapter does not apply to individuals who are members of the household of the subscriber who intercepts communications on a telephone or similarly used device in the home of the subscriber.
Ala. Code § 20-1-70 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-70
Section 20-1-70 Short Title
Status: in_force

This article shall be known as the Bread, Flour, and Cornmeal Enrichment Act.
Ala. Code § 20-2A-21 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-21
Section 20-2A-21 Commission Members Prohibited from Certain Economic Interests
Status: in_force

(a) A member of the commission and any individual employed by the commission may not be an owner, shareholder, director, or board member of, or otherwise have any economic interest in, a licensee. In addition, a member or employee of the commission may not have any family member who is employed by a licensee. A member or employee of the commission or his or her family member may not have an interest of any kind in any building, fixture, or premises occupied by any person licensed under this chapter; and may not own any stock or have any interest of any kind, direct or indirect, pecuniary or otherwise, by a loan, mortgage, gift, or guarantee of payment of a loan, in any licensee.

(b) A member or employee of the commission may not accept any gift, favor, merchandise, donation, contribution, or any article or thing of value, from any person licensed under this chapter.

(c) Any individual violating this section shall be terminated from employment or position, and as a consequence, the individual shall forfeit any pay or compensation which might be due.

(d) For purposes of this section, family member includes a spouse, child, parent, or sibling, by blood or marriage.

(e) A former member of the commission, for a period of two years after leaving service as a member of the commission, may not be an owner, shareholder, director, board member, or otherwise have an economic interest in an applicant or license issued under Article 4.

(f) In addition to any violation of Chapter 25 of Title 36, a violation of this section is a Class C misdemeanor.
Ala. Code § 20-1-136 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-136
Section 20-1-136 False and Misleading Advertising
Status: in_force

The false and misleading advertising of mellorine is prohibited. An advertisement of mellorine shall be deemed to be false and misleading if in such advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that such mellorine is a dairy product; except, that nothing contained in this section shall prevent a truthful, accurate, and full statement in any such advertisement of all the ingredients in such mellorine.
Ala. Code § 20-1-52 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-52
Section 20-1-52 When Cosmetics Deemed Misbranded
Status: in_force

(a) A cosmetic shall be deemed misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is in package form and does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and a statement of the quantity of the contents in terms of weight, measure, or numerical count;

(3) If any word, statement, or other information required to be placed in the labeling by or under authority of this division is not placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(4) If its container is so made, formed, or filled as to be misleading.

(b) The Commissioner of Agriculture and Industries may permit reasonable variations and exemptions of small packages from subdivision (2) of subsection (a) of this section.
Ala. Code § 20-2A-2 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-2
Section 20-2A-2 Legislative Findings
Status: in_force

The Legislature finds all of the following:

(1) It is not the intent of this chapter to provide for or enable recreational use of marijuana in the State of Alabama.

(2) Medical research indicates that the administration of medical cannabis can successfully treat various medical conditions and alleviate the symptoms of various medical conditions.

(3) There are residents in Alabama suffering from a number of medical conditions whose symptoms could be alleviated by the administration of medical cannabis products if used in a controlled setting under the supervision of a physician licensed in this state.

(4) A majority of states have adopted a program providing for the administration of cannabis or cannabis derivatives for medical use for residents of their states.

(5) Establishing a program providing for the administration of cannabis derivatives for medical use in this state will not only benefit patients by providing relief for pain and other debilitating symptoms, but also provide opportunities for patients with these debilitating conditions to function and have a better quality of life and provide employment and business opportunities for farmers and other residents of this state and revenue to state and local governments.

(6) It is important to balance the needs of employers to have a strong functioning workforce with the needs of employees who will genuinely benefit from using cannabis for a medical use in a manner that makes the employee a productive employee.

(7) The State of Alabama, therefore, wishes to create a health care market for medical cannabis. Notwithstanding any medical benefit of cannabis or cannabis derivatives, the recreational use of marijuana remains a significant threat to public health and safety. Allowing the cultivation, processing, dispensing, and use of cannabis for medical use without appropriate safeguards to prevent unlawful diversion for recreational use would pose a risk to public health and safety.

(8) The power to regulate intrastate commerce is vested in the several states under the Ninth and Tenth Amendments to the United States Constitution.

(9) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Alabama certain rights as they were understood at the time Alabama was admitted into statehood in 1819, and the guarantee of these rights is a matter of contract between the State of Alabama and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.

(10) It is the intent of the Legislature to create within Alabama a wholly intrastate system for the cultivation, processing, and distribution of medical cannabis in the interest of protecting its own residents from the danger that recreational cannabis poses.

(11) Requiring licensees to prove a history of residency within the state for a period of time is directly related to avoiding an influx of companies engaged in the recreational production of marijuana; the state has a substantial interest in protecting its residents from the dangers of recreational marijuana.

(12) Requiring that licensed cultivators, processors, transporters, and dispensaries of cannabis for medical use possess the requisite skill, expertise, resources, and capital to conduct operations as proposed in their business plans, and favoring those applicants who already possess the requisite skill, expertise, resources, and capital, promotes the goals of stability in licensing and reduces the risks of unlawful diversion and misuse. A lengthy base of agronomic experience will help achieve those goals, as will past experience participating in an agronomic supply chain.

(13) Ensuring that all cultivation, processing, transportation, and dispensing operations remain intrastate in nature reduces the risk of exposing licensees to the potential penalties of federal law based on the activities of their licensed operations.

(14) There is a pattern in states that have legalized the use of medical cannabis or medical marijuana; frequently, in the years following authorization of medical use, recreational marijuana is subsequently authorized. It is the intent of the Legislature to avoid a shift from medical cannabis usage to recreational marijuana usage. Therefore, safeguards to adequately protect the residents of this state are essential.
Ala. Code § 20-2B-9 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-9
Section 20-2B-9 Use of Suppression of Contents of Intercepted Wire or Electronic Communication, or Evidence Derived Therefrom, as Evidence in Trial, Hearings, Etc
Status: in_force

(a) The contents of an intercepted wire or electronic communication, or evidence derived from the communication, may not be entered in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party has been furnished a copy of the court order and application under which the intercept was authorized or approved, at least 10 days before the date of the trial, hearing, or other proceeding. The 10-day period may be waived by the judge if he or she finds it is not possible to furnish the party with the information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.

(b) An aggrieved individual charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States or of this state or a political subdivision of this state, may move to suppress the contents of an intercepted wire or electronic communication or evidence derived from the communication on any of the following grounds:

(1) The communication was unlawfully intercepted.

(2) The order authorizing the interception is insufficient on its face.

(3) The interception was not made in conformity with the order.

(c) The motion to suppress shall be made before the trial, hearing, or proceeding, unless there was no opportunity to make the motion before the trial, hearing, or proceeding, or the individual was not aware of the grounds of the motion before the trial, hearing, or proceeding. The hearing on the motion shall be held in camera upon the written request of the aggrieved individual. If the motion is granted, the contents of the intercepted wire or electronic communication, and evidence derived from the communication, shall be treated as inadmissible evidence. The judge, on the filing of the motion by the aggrieved individual, shall make available for inspection to the aggrieved individual, or his or her counsel, any portion of the intercepted communication, or evidence derived from the communication, that the judge determines is in the interest of justice to make available.
Ala. Code § 20-1-163 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-163
Section 20-1-163 Enforcement of Article
Status: in_force

(a) A food establishment, as defined by rule of the Alabama Department of Public Health, that sells or distributes cultivated food products in violation of Section 20-1-161 shall be subject to all enforcement measures as provided by rule of the Department of Public Health.

(b) The permit of a food establishment may be suspended or revoked as provided by rule of the Department of Public Health upon the conviction of an owner or an employee of the establishment for a violation of Section 20-1-161 in connection with the establishment.
Ala. Code § 20-1-140 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-140
Section 20-1-140 Definitions
Status: in_force

For the purposes of this article, the following words shall have the following meanings unless the context clearly indicates otherwise.

(1) MILK, MILK PRODUCTS, AND FROZEN DESSERT PROCESSING PLANT. A plant or facility, place, premises, or establishment where milk, milk products, or frozen desserts are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. The term includes single-service container manufacturing plants. This term excludes manufacturers who produce cheese exclusively.

(2) PERSON. A natural person, firm, partnership, or corporate entity.

(3) SINGLE-SERVICE CONTAINER MANUFACTURING PLANT. An establishment for the fabrication, production, handling, and storage of single-service containers and closures intended to be used for Grade “A” milk or milk products.
Ala. Code § 20-2-68 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-68
Section 20-2-68 Liability for Actions Regarding Investigations or Disciplinary Proceedings
Status: in_force

Any member of the board, 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 § 20-2A-32 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-32
Section 20-2A-32 Registered Certifying Physician - Prohibited Conduct
Status: in_force

A registered certifying physician may not do any of the following:

(1) Except for the limited purpose of performing a medical cannabis-related study, accept, solicit, or offer any form of remuneration from or to a qualified patient, designated caregiver, or any licensee, including a principal officer, board member, agent, or employee of the licensee, to certify a patient, other than accepting payment from a patient for the fee associated with the examination, medical consultation, or other treatment, including, but not limited to, any third party reimbursement for the same.

(2) Accept, solicit, or offer any form of remuneration from or to a dispensary for the purpose of referring a patient to a specific dispensary.

(3) Offer a discount of any other item of value to a qualified patient who uses or agrees to designate a specific caregiver or use a specific dispensary to obtain medical cannabis.

(4) Hold a direct or indirect economic interest in a licensee.

(5) Serve on the board of directors or as an employee of a licensee.

(6) Refer qualified patients to a specific caregiver or a specific dispensary.

(7) Advertise in a dispensary.

(8) Advertise on the physician’s website, brochures, or any other media that generally describe the scope of practice of the physician, any statement that refers to the physician as a “medical cannabis” or “medical marijuana” physician or doctor, or otherwise advertises his or her status as a registered certifying physician, other than the following: “Dr. _______ is qualified by the State of Alabama to certify patients for medical cannabis use under the Alabama Compassion Act.”
Ala. Code § 20-2A-4 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-4
Section 20-2A-4 Relation to Other Laws
Status: in_force

This chapter supersedes state criminal and civil laws pertaining to the recommending, acquisition, possession, use, cultivation, manufacturing, processing, research and development, and sale of medical cannabis. The acquisition, possession, use, cultivation, manufacturing, processing, research and development, transportation, testing, or sale of cannabis or medical cannabis in compliance with this chapter and rules of the commission does not constitute a violation of Article 5 of Chapter 12 of Title 13A, or any other law to the contrary.
Ala. Code § 20-1-24 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-24
Section 20-1-24 When Articles Deemed Adulterated - Drugs
Status: in_force

An article shall be deemed adulterated in the case of drugs:

(1) If, when a drug is sold under or by a name recognized in the United States pharmacopoeia or national formulary, if differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States pharmacopoeia or national formulary, official at the time of investigation;

(2) If, when an article not recognized by the United States pharmacopoeia or national formulary, its strength or purity falls below the professed standard or quality under which it is sold; or

(3) If its strength or purity falls below the standard of quality provided by the rules and regulations of the State Board of Agriculture and Industries.
Ala. Code § 20-1-57 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-57
Section 20-1-57 Standards of Purity and Quality
Status: in_force

The Board of Agriculture and Industries shall have the power to fix the standards of purity and quality of cosmetics.
Ala. Code § 20-1-164 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-164
Section 20-1-164 Rulemaking Authority
Status: in_force

The Department of Agriculture and Industries and the Alabama Department of Public Health may adopt rules as necessary to implement this article.
Ala. Code § 20-2A-67 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-67
Section 20-2A-67 Integrated Facility Licensing
Status: in_force

(a) An integrated facility license authorizes all of the following:

(1) The cultivation of cannabis.

(2) The processing of cannabis into medical cannabis, including proper packaging and labeling of medical cannabis products.

(3) The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.

(4) The transport of cannabis or medical cannabis between its facilities.

(5) The sale or transfer of medical cannabis to a dispensary.

(b) The commission may issue no more than five integrated facility licenses.

(c) An integrated facility licensee shall have the same authorizations granted to, and shall comply with all requirements for, cultivators, processors, secure transporters, and dispensaries, in addition to any other authorizations or requirements under this section or as established by rule by the commission.

(d) An applicant for an integrated facility license shall provide all of the following:

(1) A letter of commitment or other acknowledgement, as determined by commission rule, of the applicant’s ability to secure a performance bond issued by a surety insurance company approved by the commission in the amount of two million dollars ($2,000,000).

(2) Proof of at least two hundred fifty thousand dollars ($250,000) in liquid assets.

(3) Proof that the applicant has the financial ability to maintain operations for not less than two years following the date of application.

(e) At the time a license is issued under this section, the commission shall ensure that the licensee has secured a performance bond as provided in subdivision (1) of subsection (d).

(f) A licensee may operate up to five dispensing sites, each of which must be located in a different county from any other dispensing site that the licensee operates; provided, however, the commission may authorize a licensee to operate a greater number of dispensing sites if, at least one year after the date when the maximum number of total dispensing sites authorized under this section and Section 20-2A-64 are operating, the commission determines that the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state. Notwithstanding the foregoing, a licensee may not operate any dispensing site in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under subsection (c) of Section 20-2A-51. This subsection shall not be construed to limit wholesale distribution from integrated facility licensees to dispensary licensees.
Ala. Code § 20-2A-6 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-6
Section 20-2A-6 Application of Chapter; Authorized Use of Medical Cannabis Construed for Medical, Employment, and Child Welfare Purposes
Status: in_force

(a) This chapter does not do any of the following:

(1) Require an insurer, organization for managed care, health benefit plan, or any individual or entity providing coverage for a medical or health care service to pay for or to reimburse any other individual or entity for costs associated with the use of medical cannabis.

(2) Require any employer to permit, accommodate, or allow the use of medical cannabis, or to modify any job or working conditions of any employee who engages in the use of medical cannabis or for any reason seeks to engage in the use of medical cannabis.

(3) Prohibit any employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment as a result, in whole or in part, of that individual’s use of medical cannabis, regardless of the individual’s impairment or lack of impairment resulting from the use of medical cannabis.

(4) Prohibit or limit the ability of any employer from establishing or enforcing a drug testing policy, including, but not limited to, a policy that prohibits the use of medical cannabis in the workplace or from implementing a drug-free workforce program established in accordance with Article 13, commencing with Section 25-5-330, of Chapter 5 of Title 25.

(5) Prohibit or limit any employer from adopting an employment policy requiring its employees to notify the employer if an employee possesses a medical cannabis card.

(6) Interfere with, impair, or impede, any federal restrictions on employment, including, but not limited to, regulations adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations.

(7) Permit, authorize, or establish any individual’s right to commence or undertake any legal action against an employer for refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment due to the individual’s use of medical cannabis.

(8) Require a government medical assistance program, employer, property and casualty insurer, or private health insurer to reimburse an individual for costs associated with the use of medical cannabis.

(9) Affect, alter, or otherwise impact the workers’ compensation premium discount available to employers who establish a drug-free workplace policy certified by the Department of Labor, Workers’ Compensation Division, in accordance with Article 13, commencing with Section 25-5-330, of Chapter 5 of Title 25.

(10) Affect, alter, or otherwise impact an employer’s right to deny, or establish legal defenses to, the payment of workers’ compensation benefits to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test, as provided under Section 25-5-51.

(11) Affect, alter, or supersede any obligation or condition imposed on a parolee, probationer, or an individual participating in a pretrial diversion program or other court-ordered substance abuse rehabilitation program.

(b) For the purpose of obtaining needed medical care, including organ transplants, a registered qualified patient’s authorized use of medical cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a licensed health care professional and may not constitute the use of an illicit substance or otherwise disqualify a registered qualified patient from such needed medical care.

(c) An individual who is discharged from employment because of that individual’s use of medical cannabis, or refusal to submit to or cooperate with a drug test, shall be legally conclusively presumed to have been discharged for misconduct if the conditions of paragraph (3)a. of Section 25-4-78 are otherwise met.

(d) Nothing in this chapter shall prohibit the Department of Human Resources from considering a parent or caretaker’s use of medical cannabis as a factor for determining the welfare of a child in any of the following circumstances:

(1) There is evidence of child abuse or neglect.

(2) The best interest of a child is determined for custody purposes.

(3) A background check is performed for a prospective foster, adoptive, or kinship caretaker.
Ala. Code § 20-1-130 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-130
Section 20-1-130 Definitions Generally
Status: in_force

For the purpose of this article, the following words and phrases shall have the meanings indicated, unless the context clearly indicates a different meaning:

(1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.

(2) PERSON. Any individual, partnership, corporation, or association, whether or not incorporated.

(3) FOOD FATS. Edible, natural fats derived from vegetable or animal sources or a combination thereof, including only such milk fat as is normally contained in products enumerated in subdivision (4) of this section. Food fats as defined in this subdivision may contain harmless optional ingredients in an amount not exceeding .005 percent of the weight of the fat used to prevent fat oxidation.

(4) MILK SOLIDS NOT FAT. Any skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk (whether fluid, condensed, or dried), and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis.

(5) SUGAR OR OTHER SWEETENERS. Any sugar, liquid sugar, dextrose, invert sugar (paste or syrup), lactose, corn sugar, dried or liquid corn syrup, maple syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, or molasses (other than blackstrap).

(6) FLAVORS.

a. Natural food flavoring;

b. Artificial food flavoring;

c. Fruit juice, which may be fresh, frozen, canned, concentrated, or dried and which may be sweetened or thickened with one or more of the optional stabilizing ingredients specified in subdivision (8) of this section;

d. Chocolate;

e. Cocoa;

f. Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid;

g. Nut meats; or

h. Confectionery.

(7) EGG INGREDIENTS. Any liquid eggs, frozen eggs, whole egg solids (dried eggs), egg yolks, frozen yolks, or egg yolk solids (dried egg yolks).

(8) STABILIZING AND EMULSIFYING INGREDIENTS. Any gelatins, algin, extract of Irish moss, psyllium seed husk, agar, gum accacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed gum, monoglycerides or diglycerides or both of fat-forming fatty acids or other harmless stabilizers or emulsifiers.

(9) U.S.P. UNITS. Such values as are recognized by the United States pharmacopoeia.
Ala. Code § 20-2A-13 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-13
Section 20-2A-13 Ineligibility to Receive Compensation Due to Impairment of Employee by Medical Cannabis
Status: in_force

An employee who is injured or killed under circumstances that might otherwise make the employee or the employee’s dependents eligible to receive worker’s compensation benefits under Chapter 5 of Title 25 is, along with the employee’s dependents, ineligible to receive compensation as defined in Section 25-5-1, if the injury or death occurred due to the employee’s impairment by medical cannabis, which shall be conclusively presumed in the event of a positive drug test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40, as provided under Section 25-5-51, or if the employee refuses to submit to or cooperate with a blood or urine test, as provided by that section.
Ala. Code § 20-2A-36 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-36
Section 20-2A-36 Registration Requirements; Medical Cannabis Card
Status: in_force

(a) Once certified, a patient and, if applicable, the patient’s designated caregiver, shall register in the patient registry. The commission shall develop the application and renewal process for patient and designated caregiver registration, that shall include, but not be limited to, an application form, relevant information that must be included on the form, any additional requirements for eligibility the commission deems necessary, and an application fee not to exceed sixty-five dollars ($65).

(b) If the certified patient or designated caregiver meets the criteria for registration, the commission shall place the patient or caregiver on the patient registry and issue the patient or designated caregiver a medical cannabis card. The commission shall determine the criteria for revoking or suspending a medical cannabis card. Medical cannabis cards shall be resistant to counterfeiting and tampering and, at a minimum, shall include all of the following:

(1) The name, address, and date of birth of the qualified patient or caregiver, as applicable.

(2) A photograph of the qualified patient or caregiver, as applicable.

(3) Identification of the cardholder as a qualified patient or a caregiver.

(4) The expiration date, as determined by commission rule.

(5) The following statement: “This card is only valid in the State of Alabama”.

(c) Once a patient or designated caregiver is registered and issued a medical cannabis card, he or she is qualified to acquire, possess, or use medical cannabis, as applicable.

(d) If a registered qualified patient or registered caregiver loses his or her medical cannabis card, he or she shall notify the commission within 10 days of becoming aware the card is lost or stolen. The commission, by rule, shall determine the process and fee for replacing a lost or stolen card, including a process for invalidating the lost or stolen card.

(e) The commission shall adopt rules to implement this section and may impose civil penalties for violations of this section.
Ala. Code § 20-2B-10 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-10
Section 20-2B-10 Disclosure of Contents of Intercepted Wire or Electronic Communication, or Evidence Derived Therefrom
Status: in_force

(a) Any law enforcement officer who obtains, by any means authorized by this chapter, knowledge of the contents of a wire or electronic communication, or evidence derived from the communication, may disclose the contents, or evidence derived, to another law enforcement officer if the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(b) Any law enforcement officer who obtains, by any means authorized by this chapter, knowledge of the contents of a wire or electronic communication, or evidence derived from the communication, may use the contents, or evidence derived, if the use is appropriate to the proper performance of the official duties of the officer.

(c) Any individual who receives, by any means authorized by this chapter, information concerning a wire or electronic communication, or evidence derived from the communication, may disclose the contents of the communication, or evidence derived from the communication, while giving testimony in any proceeding held under the authority of the United States, this state, or a political subdivision of this state.

(d) No privileged wire or electronic communication intercepted in accordance with, or in violation of, this chapter shall lose its privileged character.

(e) When an investigative officer, while engaged in intercepting wire or electronic communications in a manner authorized by this chapter, intercepts communications relating to an offense other than those specified in the intercept order, the contents of, and evidence derived from, the communication may be disclosed or used as provided by subsection (a) and (b). The contents of, and any evidence derived from the communication may be used under subsection (c) when a judge of competent jurisdiction finds, on a subsequent application, that the contents were otherwise intercepted in accordance with this chapter. The subsequent application shall be made as soon as practicable.
Ala. Code § 20-2-143 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-143
Section 20-2-143 Manufacture, Distribution, Possession, or Advertisement of Imitation Controlled Substances Prohibited; Penalties; Immunity of Certain Persons from Liability
Status: in_force

(a) Manufacture or distribution. It is unlawful for any person to manufacture, distribute, or possess with intent to distribute or sell an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class A misdemeanor under Title 13A.

(b) Distribution to a minor. Any person 18 years of age or older who violates subsection (a) of this section by distributing or selling an imitation controlled substance to a person under 18 years of age shall be guilty of a Class C felony under Title 13A.

(c) Possession. It is unlawful for any person to use or possess with intent to use, an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class C misdemeanor under Title 13A.

(d) Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution or sale of an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class B misdemeanor under Title 13A.

(e) Immunity. No civil or criminal liability shall be imposed by virtue of this article on any person registered under Chapter 2 of Title 20 who manufactures, distributes, or possesses a placebo, or investigational new drug in the course of professional practice or research.
Ala. Code § 20-2-62 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-62
Section 20-2-62 Qualifications for Certificate
Status: in_force

The board may grant a Qualified Alabama Controlled Substances Registration Certificate to an assistant to physician who:

(1) Is practicing with appropriate physician supervision as defined herein and in accordance with this article; Title 34, Chapter 24, Article 7, and all rules and regulations pertaining to physician supervision between qualified physicians and qualified assistants to physicians.

(2) Submits proof of successful completion of a course or courses approved by the board which includes advanced pharmacology and prescribing trends relating to controlled substances.

(3) Provides accurate and complete documentation of a minimum of 12 months of active, clinical employment with physician supervision following National Commission on Certification of Physician Assistants (NCCPA) certification.
Ala. Code § 20-1-151 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-151
Section 20-1-151 Descriptive Material to Be Furnished Upon Request
Status: in_force

Manufacturers or distributors shall make available on request to the State Board of Health descriptive material which will identify each current imprint used by the manufacturer or distributor.
Ala. Code § 20-3-2 — Alabama Code / Title 20 / Chapter 3 / Section 20-3-2
Section 20-3-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) ASSISTED LIVING FACILITY. An institution or facility licensed as an assisted living facility under regulations of the State Board of Health.

(2) CHARITABLE CLINIC. The term includes an established free medical clinic as defined in subdivision (1) of Section 6-5-662 and any community health center provided for under the federal Public Health Service Law.

(3) CHARITABLE PATIENT. For purposes of this chapter, the term shall not include patients who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription drug program funded in whole or in part by the state.

(4) DRUGS. All medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment, or prevention of disease and all substances and preparations other than food intended to affect the structure or any function of the body.

(5) HOSPICE CARE PROGRAM. A hospice care program licensed as a hospice care program under regulations of the State Board of Health.

(6) HOSPITAL. An institution licensed as a hospital under regulations of the State Board of Health.

(7) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words, “caution, federal law prohibits dispensing without prescription,” or similar wording indicating that such drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.

(8) NURSING FACILITY. An institution licensed as a nursing facility or intermediate care facility under regulations of the State Board of Health.

(9) SPECIALTY CARE ASSISTED LIVING FACILITY. An institution or facility licensed as a specialty care assisted living facility under regulations of the State Board of Health.
Ala. Code § 20-2-284 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-284
Section 20-2-284 Authority to Dispense Opioid Antagonists
Status: in_force

Any individual dispensing an opioid antagonist pursuant to Section 20-2-280 who is otherwise qualified, including a registered nurse in the employment of the State Health Department or a county health department, and who complies with the standing order or orders and other requirements of the State Health Office or a county health officer shall have authority to dispense an opioid antagonist as provided under Section 20-2-280.
Ala. Code § 20-2-58 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-58
Section 20-2-58 Dispensing of Controlled Substances in Schedule II; Maintenance of Records and Inventories by Registered Pharmacies
Status: in_force

(a) Except as otherwise provided in this section or as otherwise provided by law, a pharmacist may dispense directly a controlled substance in Schedule II only pursuant to a written prescription signed by the practitioner. Except as provided in subsections (b) and (c), a prescription for a Schedule II controlled substance may be transmitted by the practitioner or the agent of the practitioner to a pharmacy via facsimile equipment; provided, the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance.

(b) A prescription written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner or the agent of the practitioner to the home infusion pharmacy by facsimile. The facsimile shall serve as the original written prescription.

(c) A prescription written for Schedule II substances for a resident of a long-term care facility may be transmitted by the practitioner or the agent of the practitioner to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription.

(d) Each registered pharmacy shall maintain the inventories and records of controlled substances as follows:

(1) Inventories and records of all controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy, and prescriptions for the substances shall be maintained in a separate prescription file.

(2) Inventories and records of controlled substances listed in Schedules III, IV, and V shall be maintained either separately from all other records of the pharmacy or in the form that the information required is readily retrievable from ordinary business records of the pharmacy, and prescriptions for the substances shall be maintained either in a separate prescription file for controlled substances listed in Schedules III, IV, and V only or in the form that they are readily retrievable from the other prescription records of the pharmacy.

(e) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug as determined under State Board of Health statute, may not be dispensed without a written or oral prescription of a practitioner. The prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

(f) A practitioner or pharmacist may not knowingly or intentionally prescribe, administer, or dispense a controlled substance enumerated in Schedules II through V except for a legitimate medical purpose pursuant to a prescription by a practitioner acting in the usual course of his or her professional practice.

(g) In an emergency situation, a pharmacist may dispense a Schedule II controlled substance for a resident of a long-term care facility, a patient receiving hospice services, or a patient receiving home health care services pursuant to an emergency oral prescription transmitted by the practitioner to the dispensing pharmacy. The quantity dispensed pursuant to an emergency oral prescription shall be limited to the amount adequate to treat the patient during the emergency period, not to exceed 72 hours. The practitioner, within seven days of the emergency oral prescription, shall provide the dispensing pharmacy with a written prescription for the quantity prescribed.
Ala. Code § 20-1-146 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-146
Section 20-1-146 Rules and Orders for Implementation of Article Provisions
Status: in_force

The State Board of Health shall adopt rules and orders as are necessary for implementing the provisions of this article. Where possible, the rules shall be in conformity with rules, regulations, ordinances, or standards of agencies of the government of the United States. All rules and orders shall have the force and effect of law and shall be enforced by all officers and be complied with by all persons.
Ala. Code § 20-2-92 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-92
Section 20-2-92 Injunctions
Status: in_force

(a) The circuit courts of this state have jurisdiction to restrain or enjoin violations of this chapter.

(b) The defendant may demand trial by jury for an alleged violation of an injunction or temporary restraining order under this section.
Ala. Code § 20-2-216 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-216
Section 20-2-216 Unauthorized Disclosure of Information; Unauthorized Access, Alteration, or Destruction of Information
Status: in_force

Any person who intentionally makes an unauthorized disclosure of information contained in the controlled substances prescription database shall be guilty of a Class A misdemeanor. Any person or entity who intentionally obtains unauthorized access to or who alters or destroys information contained in the controlled substances prescription database shall be guilty of a Class C felony.
Ala. Code § 20-2-260 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-260
Section 20-2-260 Permit Authorized
Status: in_force

(a) The Board of Medical Examiners may at any future date it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated with the permit, that, along with any other necessary registration, may permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedule II substances of Article 2 of Chapter 2 of this title in accordance, as specified and limited by the permit, with rules adopted by the board and any protocols, formularies, and medical regimens established by the board for regulation of a LPSP. Any protocols, formularies, and medical regimens shall not be considered administrative rules under the Alabama Administrative Procedure Act.

(b) An assistant to physician, certified registered nurse practitioner, or certified nurse midwife shall not utilize his or her LPSP for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.

(c) An assistant to physician, certified registered nurse practitioner, or certified nurse midwife authorized to prescribe, administer, or dispense controlled substances in accordance with this article shall not prescribe, administer, or dispense any controlled substance to his or her own self, spouse, child, or parent.

(d) The board may not permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense all controlled substances listed in Schedule II of Article 2 of Chapter 2 of this title. It is the intent of this article, if and when the board chooses to use this authority at some future date, that the LPSP may be used only at the board’s discretion and as limited by the board to specific circumstances and specific drugs.
Ala. Code § 20-1-162 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-162
Section 20-1-162 Penalties
Status: in_force

(a) A food sales establishment, as defined in Section 20-1-20, that sells or distributes cultivated food products in violation of Section 20-1-161 shall be subject to disciplinary action pursuant to Section 20-1-34.

(b) The food safety permit of a food sales establishment may be suspended or revoked as provided in Section 20-1-33 upon the conviction of an owner or an employee of the establishment for a violation of Section 20-1-161 in connection with the establishment.
Ala. Code § 20-2-210 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-210
Section 20-2-210 Legislative Findings
Status: in_force

The Alabama Legislature hereby finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitutes a serious threat to the health and welfare of the citizens of the State of Alabama. The Legislature further finds that establishment of a controlled substances prescription database to monitor the prescribing and dispensing of controlled substances will materially assist state regulators and practitioners authorized to prescribe and dispense controlled substances in the prevention of diversion, abuse, and misuse of controlled substances prescription medication through the provision of education and information, early intervention, and prevention of diversion, and investigation and enforcement of existing laws governing the use of controlled substances.
Ala. Code § 20-2A-57 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-57
Section 20-2A-57 Suspension, Revocation, Etc., of License
Status: in_force

(a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license:

(1) An applicant or licensee fails to comply with this article or rules.

(2) A licensee no longer meets the eligibility requirements for a license under this article.

(3) An applicant or licensee fails to provide information the commission requests to assist in any investigation, inquiry, or commission hearing.

(b) The commission may impose civil fines of up to five thousand dollars ($5,000) against an individual and up to twenty-five thousand dollars ($25,000) or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of this article, rules, or an order of the commission. Assessment of a civil fine under this subsection is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of this article and is not grounds to suppress evidence in any criminal prosecution that arises under this article or any other law of this state.

(c) The commission shall comply with the hearing procedures of the Administrative Procedure Act when denying, revoking, suspending, or restricting a license or imposing a fine. The commission may suspend a license without notice or hearing upon a determination that the safety or health of registered qualified patients, registered caregivers, or employees is jeopardized by continuing a facility’s operation. If the commission suspends a license under this subsection without notice or hearing, a prompt post-suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the commission determines that the cause for suspension has been abated. The commission may revoke the license or approve a transfer or sale of the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard.

(d) Any party aggrieved by an action of the commission suspending, revoking, restricting, or refusing to renew a license, or imposing a fine, shall be given a hearing before the commission upon request. A request for a hearing must be made to the commission in writing within 21 days after service of notice of the action of the commission. Notice of the action of the commission must be served either by personal delivery or by certified mail, postage prepaid, to the aggrieved party. Notice served by certified mail is considered complete on the business day following the date of the mailing.

(e) The commission may conduct investigative and contested case hearings; issue subpoenas for the attendance of witnesses; issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents; and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the commission under this article.

(f) Any person aggrieved by an action of the commission under this article, within 30 days after receiving notice of the action, may appeal the action to the circuit court in the county where the commission is located.
Ala. Code § 20-1-31 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-31
Section 20-1-31 Possession, Transportation, Etc., of Items in Violation of Division, Chapter
Status: in_force

(a) The having in possession by any person, firm, or corporation who manufactures or exposes for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within the meaning of this division shall be prima facie evidence of having in possession with intent to sell in violation of its provisions; except, that any manufacturer, wholesaler, or jobber may keep properly identified goods which might otherwise be in violation of the provisions of this division specially set apart in his stock for sale in other states. Out-of-date foods shall be stored in an area such that out-of-date Class A foods are not offered for sale to the public and shall be clearly marked “Not to be sold.” If not so identified and segregated, there shall be a rebuttable presumption that the food is in possession with intent to sell in violation of the provisions of this chapter.

(b) No provision of this section shall be construed to allow the storage or transportation of any food which is otherwise required by law to be destroyed or otherwise rendered unusable except for the purpose of such destruction or rendering unusable.
Ala. Code § 20-2-69 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-69
Section 20-2-69 Promulgation of Rules
Status: in_force

The board may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
Ala. Code § 20-2-220 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-220
Section 20-2-220 Liability for Reporting
Status: in_force

Any person or entity required to report information concerning controlled substance prescriptions to the department, or to its designated agent, pursuant to the requirements of this article shall not be liable to any person for any claim of damages as a result of the act of reporting the information and no lawsuit may be predicated thereon.
Ala. Code § 20-2A-64 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-64
Section 20-2A-64 Dispensary Licensing
Status: in_force

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

a. The purchase or transfer of medical cannabis from a processor.

b. If a cultivator contracted with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the purchase or transfer of medical cannabis from the cultivator.

c. The purchase or transfer of medical cannabis from an integrated facility.

d. The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.

(2) A dispensary license authorizes the dispensary to transfer medical cannabis only by means of a secure transporter, including transport between its dispensing sites.

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

(c) A dispensary license authorizes the dispensary to transfer medical cannabis to or from a state testing laboratory for testing by means of a secure transporter.

(d) A licensed dispensary shall comply with all of the following:

(1) Each dispensing site must be located at least one thousand feet from any school, day care, or child care facility.

(2) Each dispensing site must be equipped with surveillance cameras that are focused on each point of entry and that operate on a continuous basis. The dispensary must maintain surveillance records for a minimum of 60 days following the date of recording.

(3) Sell and dispense medical cannabis at a dispensing site to a registered qualified patient or registered caregiver only after it has been tested and bears the label required for retail sale.

(4) Enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system as required in Section 20-2A-54.

(5) Only allow dispensing of medical cannabis by certified dispensers, as provided in subsection (e).

(6) Not allow the use of medical cannabis products on the premises.

(7) Only allow registered qualified patients and registered caregivers on the premises.

(e)(1) As used in this subsection, certified dispenser means an employee of a dispensary who dispenses medical cannabis to a registered qualified patient or registered caregiver and who has been trained and certified by the commission.

(2) The commission shall establish and administer a training program for dispensers that addresses proper dispensing procedures, including the requirements of this subsection, and other topics relating to public health and safety and preventing abuse and diversion of medical cannabis. The commission shall certify trained dispensers and may require, as a qualification to remain certified, periodic training.

(3) A certified dispensary shall comply with all of the following:

a. Before dispensing medical cannabis, inquire of the patient registry to confirm that the patient or caregiver holds a valid, current, unexpired, and unrevoked medical cannabis card and that the dispensing of medical cannabis conforms to the type and amount recommended in the physician certification and will not exceed the 60-day daily dosage purchasing limit.

b. Enter into the patient registry the date, time, amount, and type of medical cannabis dispensed.

c. Comply with any additional requirements established by the commission by rule.

(4) The commission shall adopt rules to implement this subsection.

(f) A licensee may operate up to three dispensing sites, each of which must be located in a different county from any other dispensing site; provided, however, the commission may authorize a licensee to operate a greater number of dispensing sites if, at least one year after the date when the maximum number of total dispensing sites authorized under this section and Section 20-2A-67 are operating, the commission determines that the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state. Notwithstanding the foregoing, a licensee may not operate any dispensing site in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under subsection (c) of Section 20-2A-51.
Ala. Code § 20-2-214 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-214
Section 20-2-214 Limited Access to Database Permitted for Certain Persons or Entities
Status: in_force

(a) The following individuals or entities shall be permitted access to the information in the controlled substances database, subject to the limitations indicated below:

(1) Authorized representatives of the certifying boards; provided, however, that access shall be limited to information concerning the licensees of the certifying board, however, authorized representatives from the Board of Medical Examiners may access the database to inquire about certified registered nurse practitioners (CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama Controlled Substances Registration Certificate (QACSC).

(2) A licensed practitioner approved by the department who has authority to prescribe, dispense, or administer controlled substances. The licensed practitioner’s access shall be limited to information concerning himself or herself, registrants who possess a Qualified Alabama Controlled Substances Registration Certificate over whom the practitioner exercises physician supervision or with whom he or she has a joint practice agreement, a certified registered nurse practitioner and a certified nurse midwife with a Qualified Alabama Controlled Substances Registration Certificate over whom the practitioner exercises professional oversight and direction pursuant to an approved collaborative practice agreement, a current patient of the practitioner, and individuals seeking treatment from the practitioner. Practitioners shall have no requirement or obligation under this article to access or check the information in the controlled substances database prior to prescribing, dispensing, or administering medications or as part of their professional practice. However, the applicable licensing boards may impose such a requirement or obligation by rule.

(3) Up to two employees designated by a licensed physician approved by the department who has authority to prescribe, dispense, or administer controlled substances, who may access the database on the physician’s behalf.

(4) Up to two employees designated by a licensed dentist approved by the department who has authority to prescribe, dispense, or administer controlled substances, who may access the database on the dentist’s behalf.

(5) A licensed certified registered nurse practitioner or a licensed certified nurse midwife approved by the department who is authorized to prescribe, administer, or dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate; provided, however, that access shall be limited to information concerning a current or prospective patient of the certified registered nurse practitioner or certified nurse midwife.

(6) A licensed assistant to physician approved by the department who is authorized to prescribe, administer, or dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate; provided, however, that access shall be limited to information concerning a current patient of the assistant to the physician or an individual seeking treatment from the assistant to physician.

(7) A coroner, deputy coroner, or a licensed medical examiner or the examiner’s designee who is employed by the Alabama Department of Forensic Sciences; provided, however, that access shall be limited to information concerning an investigation of the cause and manner of death of an individual. No coroner or deputy coroner shall be granted access to information pursuant to this subdivision unless he or she has received and completed training provided by the department and successfully passed a minimum standards exam administered by the department.

(8) A licensed pharmacist approved by the department; provided, however, that access is limited to information related to the patient or prescribing practitioner designated on a controlled substance prescription that a pharmacist has been asked to fill. Pharmacists shall have no requirement or obligation to access or check the information in the controlled substances database prior to dispensing or administering medications or as part of their professional practices.

(9) State and local law enforcement authorities as authorized under Section 20-2-91, and federal law enforcement authorities authorized to access prescription information upon application to the department accompanied by a declaration that probable cause exists for the use of the requested information.

(10) Employees of the department and consultants engaged by the department to operate the controlled substances database; provided, however, that access shall be limited to operating and administering the database, conducting departmental research when approved by the Information Release Review Committee, and implementing a research request authorized under subsection (b).

(11) The prescription drug monitoring program of any of the other states or territories of the United States, if recognized by the Alliance for Prescription Drug Monitoring Programs under procedures developed, certified, or approved by the United States Department of Justice or the Integrated Justice Information Systems Institute or successor entity subject to or consistent with limitations for access prescribed by this chapter for the Alabama Prescription Drug Monitoring Program.

(12) Authorized representatives of the Alabama Medicaid Agency; provided, however, that access shall be limited to inquiries concerning possible misuse or abuse of controlled substances by Medicaid recipients.

(13) Upon good cause shown to the State Health Officer or his or her designee, authorized representatives of the Board of Nursing may receive information concerning licensees of the Board of Nursing; provided, however, that requests shall be limited to information concerning a licensee of the Board of Nursing who is the subject of an investigation or disciplinary activity. Any certifying board, state or federal law enforcement agency, or other individual or entity authorized to access the information from the controlled substances database pursuant to this article may share information from the controlled substances database with the Board of Nursing, provided that the information concerns a licensee of the Board of Nursing who is the subject of an investigation or disciplinary activity.

(b) Subject to the approval of the Information Release Review Committee, the department may release or publish de-identified aggregate statewide and regional information for statistical, research, or educational purposes.

(1) Prior to being released or published, all information that identifies, or could reasonably be used to identify, a patient, a prescriber, a dispenser, or any other person who is the subject of the information, shall be removed, and at a minimum, such de-identification of the information shall comply with 45 C.F.R. § 164.514(b)(2), as amended.

(2) Release of information shall be made pursuant to a written data use agreement between the requesting individual or entity and the department.
Ala. Code § 20-2A-60 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-60
Section 20-2A-60 Third-Party Inventory Control and Tracking System
Status: in_force

(a) Except as otherwise provided in subsection (b), a licensee shall adopt and use a third-party inventory control and tracking system that is capable of interfacing with the statewide seed-to-sale tracking system to allow the licensee to enter or access information in the statewide seed-to-sale tracking system as required under this article and rules. The third-party inventory control and tracking system must have all of the following capabilities necessary for the licensee to comply with the requirements applicable to the licensee’s license type:

(1) Tracking all cannabis plants, medical cannabis products, patient and caregiver purchase totals, waste, transfers, conversions, sales, and returns that are linked to unique identification numbers.

(2) Tracking lot and batch information throughout the entire chain of custody.

(3) Tracking all products, conversions, and derivatives throughout the entire chain of custody.

(4) Tracking cannabis plant, batch, and product destruction.

(5) Tracking transportation of product.

(6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall:

a. Sold product.

b. Product inventory that is finished and available for sale.

c. Product that is in the process of transfer.

d. Product being processed into another form.

e. Postharvest raw product, such as product that is in the drying, trimming, or curing process.

(7) Reporting and tracking loss, theft, or diversion of product containing cannabis.

(8) Reporting and tracking all inventory discrepancies.

(9) Reporting and tracking adverse patient responses or dose-related efficacy issues.

(10) Reporting and tracking all sales and refunds.

(11) Receiving testing results electronically from a state testing laboratory via a secured application program interface into the system and directly linking the testing results to each applicable source batch and sample.

(12) Identifying test results that may have been altered.

(13) Providing the licensee with access to information in the tracking system that is necessary to verify that the licensee is carrying out all transactions authorized under the licensee’s license in accordance with this article.

(14) Providing information to cross-check that product sales are made to a registered qualified patient, or a registered caregiver on behalf of a registered qualified patient, and that the product received the required testing.

(15) Providing the commission and state agencies with access to information in the database that they are authorized to access.

(16) Providing licensees with access only to the information in the system that they are required to receive before a sale, transfer, transport, or other activity authorized under a license issued under this article.

(17) Securing the confidentiality of information in the database by preventing access by a person who is not authorized to access the statewide seed-to-sale tracking system or is not authorized to access the particular information.

(18) Providing analytics to the commission regarding key performance indicators such as the following:

a. Total daily sales.

b. Total cannabis plants in production.

c. Total cannabis plants destroyed.

d. Total inventory adjustments.

(b) If the statewide seed-to-sale tracking system is capable of allowing a licensee to access or enter information into the statewide seed-to-sale tracking system without use of a third-party inventory control and tracking system, a licensee may access or enter information into the statewide seed-to-sale tracking system directly and the licensee is not required to adopt and use a third-party inventory control and tracking system.
Ala. Code § 20-2A-50 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-50
Section 20-2A-50 Licensing and Regulation of Medical Cannabis
Status: in_force

(a) The state hereby preemptively regulates medical cannabis from seed-to-sale and shall reasonably regulate and control all aspects of the medical cannabis industry to meet the intent of this chapter. All functions and activities relating to the production of medical cannabis in the state shall be licensed, and licenses shall be granted to integrated facilities, as well as to independent entities in the following categories: Cultivator, processor, dispensary, secure transporter, and testing laboratory.

(b) The commission shall license , regulate , and enforce all aspects of medical cannabis under this article . The commission may seek and shall receive the cooperation of the Department of Agriculture and Industries in the regulation and enforcement of this article. The department may recover from the commission the department’s costs of cooperation .
Ala. Code § 20-2-187 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-187
Section 20-2-187 Adoption of Rules; Administrative Fees Authorized
Status: in_force

The Board of Pharmacy may adopt reasonable rules to effectuate the provisions of this article. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits or maintaining any records or forms required by this article and in the administration of the provisions of this article. Any fees to defray expenses as set forth above or in administering the provisions of this article shall be retained by the Board of Pharmacy.
Ala. Code § 20-1-33 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-33
Section 20-1-33 Food Safety Permit
Status: in_force

(a) No person shall operate a food sales establishment within this state which sells baby food, infant formula, or potentially hazardous food without a food safety permit except those persons who operate any of the following establishments:

(1) A meat processing establishment which currently has a grant of inspection from the commissioner.

(2) A meat processing establishment which currently has a grant of inspection from the United States Department of Agriculture.

(3) A food service establishment required to obtain a food service permit through the Alabama Department of Public Health except those operated in conjunction with a food sales establishment otherwise requiring a permit.

(b) Application shall be made to the department each year for a food safety permit on forms requiring information to be submitted and at the times required by the department.

(c) Each application shall be accompanied by a food safety permit fee in the amount of fifty dollars ($50) for each food sales establishment for which a food safety permit is required and the fee shall be nonrefundable and shall not be prorated and shall be renewed annually by the payment of the required fee on a date established by the board.

(d) The department shall receive and review each completed application for a food safety permit. The department shall issue a food safety permit for each establishment requested if the application is complete, the fee is tendered, and the establishment is in compliance with rules and regulations promulgated hereunder. A food safety permit may not be transferred from one food sales establishment to another. Whenever a food sales establishment is sold, the new owner must apply for a new food safety permit.

(e) The department may deny issuance or renewal of, or it may suspend or revoke a permit issued for, flagrant, serious, or continued violations of provisions of this chapter or rules or regulations promulgated hereunder after a due process hearing before a hearing officer. The hearing officer shall make a full report to the department with his or her recommendation for action within 14 days after the hearing. The official decision of the department shall be rendered within 30 days of receipt of the hearing officer’s report. Appeals from the department’s decision shall be made in a timely manner in accordance with the rules for contested cases under the Alabama Administrative Procedure Act, Section 41-22-12, et seq. Judicial review shall be by trial de novo in circuit court in accordance with provisions of the Alabama Administrative Procedure Act, Section 41-22-20(j).

(f) The department may institute a civil action in any circuit court in the State of Alabama to enforce the provisions of this article. Any person required to have a food safety permit who operates without a valid food safety permit may be enjoined from the operation by the circuit court without prior resort to criminal remedies.

(g) All fees collected by the department under this section shall accrue to the Agriculture Fund and shall be appropriated by the Legislature as provided by law.
Ala. Code § 20-2-54 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-54
Section 20-2-54 Registration of Persons Manufacturing, Distributing or Dispensing Controlled Substances - Revocation or Suspension of Registration - Grounds and Procedure Generally
Status: in_force

(a) A registration under Section 20-2-52 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the certifying boards upon a finding that the registrant:

(1) Has furnished false or fraudulent material information in any application filed under this article;

(2) Has been convicted of a crime under any state or federal law relating to any controlled substance;

(3) Has had his or her federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;

(4) Has violated the provisions of Chapter 23 of Title 34; or

(5) Has, in the opinion of the certifying board, excessively dispensed controlled substances for any of his patients.

a. A registrant may be considered to have excessively dispensed controlled substances if his certifying board finds that either the controlled substances were dispensed for no legitimate medical purpose, or that the amount of controlled substances dispensed by the registrant is not reasonably related to the proper medical management of his patient’s illnesses or conditions. Drug addiction shall not be considered an illness or condition which would justify continued dispensing of controlled substances, except in gradually decreasing dosages administered to the patient for the purpose of curing the addiction. b. A registrant who is a physician licensed to practice medicine in the State of Alabama may be considered to have excessively dispensed controlled substances if he or she prescribes, orders, dispenses, administers, supplies, or otherwise distributes any Schedule II amphetamine and/or Schedule II amphetamine-like anorectic drug, and/or Schedule II sympathomimetic amine drug or compound thereof, and/or any salt, compound, isomer, derivative, or preparation of the foregoing which are chemically equivalent thereto, and/or other non-narcotic Schedule II stimulant drug, which drugs or compounds are classified under Schedule II of the Alabama Uniform Controlled Substances Act, Section 20-2-24, to any person except for the therapeutic treatment of: 1. Narcolepsy. 2. Hyperkinesis. 3. Brain dysfunction of sufficiently specific diagnosis, or etiology which clearly indicates the need for these substances in treatment or control. 4. Epilepsy. 5. Differential psychiatric evaluation of clinically significant depression provided however, that such treatment shall not extend beyond a period of 30 days unless the patient is referred to a licensed practitioner specializing in the treatment of depression. 6. Clinically significant depression shown to be refractory to other therapeutic modalities provided however, that such treatment shall not extend beyond a period of 30 days unless the patient is referred to a licensed practitioner specializing in the treatment of depression; or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol must be submitted to and reviewed and approved by the State Board of Medical Examiners before the investigation has begun. A physician prescribing, ordering, or otherwise distributing the controlled substances listed above in the manner permitted by this subsection shall maintain a complete record which must include documentation of the diagnosis and reason for prescribing, the name, dose, strength, and quantity of the drug, and the date prescribed or distributed. The records required under this subsection shall be made available for inspection by the certifying board or its authorized representative upon request. Those Schedule II stimulant drugs enumerated above shall not be dispensed or prescribed for the treatment or control of exogenous obesity.

(b) The certifying boards may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c) If the certifying boards suspend or revoke a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.

(d) The certifying boards shall promptly notify the Drug Enforcement Administration of the United States Department of Justice of all orders suspending or revoking registration and all forfeitures of controlled substances.
Ala. Code § 20-2A-1 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-1
Section 20-2A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Darren Wesley ‘Ato’ Hall Compassion Act.
Ala. Code § 20-2A-59 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-59
Section 20-2A-59 Criminal Background Check of Prospective Officers, Employees, Etc
Status: in_force

(a) The commission, prior to appointment, employment, or service for a licensee, shall require all officers, employees, contractors, and other individuals performing work of any character who would have access to cannabis, a medical cannabis facility, or related equipment or supplies, to submit to a state and national criminal background check. The commission shall determine the manner in which fingerprints of the individuals shall be submitted to the Alabama State Law Enforcement Agency along with a sufficient fee required to perform the criminal background check by the agency and the Federal Bureau of Investigation. Notwithstanding any state law to the contrary, all records related to any criminal background check conducted pursuant to this subsection shall be accessible and made available, upon request, by the commission.

(b) If the criminal background check of a prospective officer, employee, or contractor indicates a pending charge or conviction within the past five years for a controlled substance-related felony or a controlled substance-related misdemeanor, a licensee may not appoint, hire, or contract with the prospective officer, employee, or contractor without written permission of the commission; provided, however, a licensee shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15.

(c) Each licensee shall enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system in accordance with rules adopted by the commission .
Ala. Code § 20-2-185 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-185
Section 20-2-185 Reporting Transactions - Board to Supply Form
Status: in_force

(a) Any person who sells, transfers, purchases for resale, or otherwise furnishes to a person in this state a listed precursor chemical shall submit a report of the transaction on a form obtained from the Board of Pharmacy that includes the information required by Section 20-2-183.

(b) The Board of Pharmacy shall supply, upon the request of any manufacturer, wholesaler, retailer, or other person who sells, transfers, purchases for resale, or otherwise furnishes a listed precursor chemical a form for the submission of:

(1) The report required by subsection (a);

(2) The name and measured amount of the listed precursor chemical delivered;

(3) Such other information as the board may require pursuant to agency rule of the Board of Pharmacy.
Ala. Code § 20-2-112 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-112
Section 20-2-112 Definitions
Status: in_force

As used in this article the following words, unless the context clearly indicates the contrary, shall have the following meanings:

(1) CONTROLLED SUBSTANCE. The same as is defined in subdivision (5) of Section 20-2-2, as amended;

(2) CANNABIS. The same as those substances defined in subdivision (15) of Section 20-2-2, as amended, and particularly those substances defined as tetrahydrocannabinols, or a chemical derivative thereof;

(3) PRACTITIONER A physician licensed to practice medicine in this state and particularly as herein enumerated.
Ala. Code § 20-2-259 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-259
Section 20-2-259 Rules
Status: in_force

The Board of Medical Examiners may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
Ala. Code § 20-1-77 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-77
Section 20-1-77 Requirements as to Labeling
Status: in_force

It shall be unlawful to sell or offer for sale in this state any enriched flour, enriched bread, enriched cornmeal, or enriched grits which fails to conform to the labeling requirements of the federal Food, Drug and Cosmetic Act and the regulations promulgated thereunder by the appropriate federal agency or state agency with respect to flour, bread, cornmeal, or grits introduced into interstate commerce.
Ala. Code § 20-1-76 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-76
Section 20-1-76 Enrichment of Bread
Status: in_force

(a) This article requires the enrichment of white bread.

(b) The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, approved iron salts, or by any combination of approved methods which will produce enriched bread which meets the requirements of Section 20-1-75. The enrichment ingredients shall be uniformly distributed throughout the product.

Iron shall be added only in forms that are approved by the appropriate federal agency.
Ala. Code § 20-2-114 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-114
Section 20-2-114 Controlled Substances Therapeutic Research Program - Limited to Cancer Chemotherapy and Glaucoma Patients; Certification; Exemption from Prosecution
Status: in_force

Except as herein otherwise provided, the Controlled Substances Therapeutic Research Program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the review committee by an authorized practitioner as being in such medical condition necessary for the treatment of glaucoma, or the side effects of chemotherapy in cancer patients; such authorization shall be upon such terms and conditions as may be consistent with the public health and safety. To the extent of the applicable authorization, persons are exempt from prosecution in this state for possession, production, manufacture, or delivery of cannabis.
Ala. Code § 20-1-37 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-37
Section 20-1-37 Provisions Cumulative and Supplemental
Status: in_force

The provisions of Act 2000-320 are cumulative and supplemental to and in furtherance of any statutory or common law or other legal right, duty, power, or authority of the Alabama Department of Agriculture and Industries and the Commissioner of Agriculture and Industries.
Ala. Code § 20-2-140 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-140
Section 20-2-140 Short Title
Status: in_force

This article shall be known and may be cited as the Imitation Controlled Substances Act.
Ala. Code § 20-2A-65 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-65
Section 20-2A-65 Secure Transporter Licensing
Status: in_force

(a) A secure transporter license authorizes the licensee to store and transport cannabis and medical cannabis for a fee upon request of a licensee. A license does not authorize transport to a registered qualified patient or registered caregiver.

(b) A secure transporter shall comply with all of the following:

(1) Each employee who has custody of cannabis or medical cannabis shall not have been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past five years or have been convicted of a misdemeanor involving a controlled substance within the past five years.

(2) A route plan and manifest shall be entered into the statewide seed-to-sale tracking system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request.

(3) The cannabis or medical cannabis shall be transported in one or more sealed containers and not be accessible while in transit.

(4) A secure transporting vehicle may not bear markings or other indication that it is carrying cannabis or medical cannabis.

(c) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of cannabis or medical cannabis to determine compliance with this article.
Ala. Code § 20-2-283 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-283
Section 20-2-283 Publication of Standing Orders, Etc., for Dispensing Opioid Antagonists
Status: in_force

The State Health Officer or the respective county health officers shall have authority to publish the standing order or orders, including any necessary guidelines or other requirements that shall be followed, for dispensing opioid antagonists under Section 20-2-280 in their jurisdictions.
Ala. Code § 20-1-145 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-145
Section 20-1-145 Collected Fees and Penalties Appropriated to Board
Status: in_force

All fees, fines, penalties, or funds of whatsoever nature collected by the State Board of Health under this article are continuously appropriated to the State Board of Health for the enforcement of this article.
Ala. Code § 20-2A-35 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-35
Section 20-2A-35 Alabama Medical Cannabis Patient Registry System
Status: in_force

(a) In order to commence, use, and maintain a reliable system to track all aspects of patient and caregiver qualification not later than September 1, 2022, the commission shall establish and administer an integrated, electronic patient and caregiver registry, known as the Alabama Medical Cannabis Patient Registry System, that does all of the following:

(1) Receives and records physician certifications.

(2) Receives and tracks qualified patient registration and issuance of medical cannabis cards.

(3) Receives and tracks designated caregiver registration and issuance of medical cannabis cards.

(4) Includes in the patient registry database for each qualified patient registrant the name of the qualified patient and the patient’s designated caregiver, if applicable, the patient’s registered certifying physician, the respective qualifying medical condition or conditions, the recommended daily dosage and type of medical cannabis, and any other information the commission, by rule, deems relevant.

(5) Verifies that a medical cannabis card is current and valid and has not been suspended, revoked, or denied.

(6) Tracks purchases of medical cannabis at dispensaries by date, time, amount, and type.

(7) Determines whether a particular sale of medical cannabis transaction exceeds the permissible limit.

(8) Tracks medical cannabis cards that are denied, revoked, or suspended.

(9) Interfaces as necessary with the statewide seed-to-sale tracking system established under Article 4.

(10) Provides access as further provided in subsection (b).

(b) The patient registry shall be accessible to the following:

(1) State and local law enforcement agencies, provided the database may only be accessed upon probable cause or reasonable suspicion of a violation of a controlled substance law or of driving under the influence, and access is strictly limited to information that is necessary to verify that an individual is registered and possesses a valid and current medical cannabis card and, if appropriate, to verify that the amount and type of product in the individual’s possession complies with the daily dosage limit and type of medical cannabis recommended.

(2) Health care practitioners licensed to prescribe prescription drugs.

(3) Registered certifying physicians.

(4) Dispensaries.

(5) The State Board of Medical Examiners.

(6) Licensed pharmacists.

(c) The commission may monitor patient registrations in the patient registry for practices that could facilitate unlawful diversion or misuse of cannabis and shall recommend disciplinary action to the board as appropriate.
Ala. Code § 20-2B-6 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-6
Section 20-2B-6 Recordings of Intercepted Wire or Electronic Communications
Status: in_force

(a) The contents of a wire or electronic communication intercepted by means authorized by this chapter shall be recorded on tape, wire, or other comparable device, to the extent practicable. The recording of the contents of a wire or electronic communication under this section shall be performed in a way that protects the recording from editing or other alterations.

(b) Immediately following the expiration of an intercept order, or all extensions, if any, the recordings shall be made available to the judge issuing the order and shall be sealed. Custody of the recordings shall be wherever the judge orders. The recordings may not be destroyed until at least 10 years after the date of expiration of the order and the last extension, if any. A recording may be destroyed only by order of the judge who authorized the interception, or his or her successor.

(c) Duplicate recordings may be made for use or disclosure pursuant to Section 20-2B-8 for investigative purposes. One copy shall remain in the custody of the judge and one copy shall be given to the entity that executed the intercept order.

(d) The presence of a seal as required in subsection (b), or a satisfactory explanation of its absence, shall be a prerequisite for the use or disclosure of the contents of any wire or electronic communication or any evidence derived from the communication under Section 20-2B-8.

(e) A violation of this section shall be punished as contempt of court.
Ala. Code § 20-2B-7 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-7
Section 20-2B-7 Sealing of Applications and Orders
Status: in_force

(a) The judge of competent jurisdiction shall seal each application made, and order granted, under this chapter. Custody of the applications and orders shall be wherever the judge orders. An application or order may be disclosed only upon a showing of good cause before a judge of competent jurisdiction. An application or order may not be destroyed until at least 10 years after the date it was sealed. An application or order may be destroyed only by order of the judge who authorized the interception, or his or her successor.

(b) A violation of this section shall be punished as contempt of court.
Ala. Code § 20-1-142 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-142
Section 20-1-142 Inspection of Plants; Issuance of Permit
Status: in_force

The State Board of Health shall receive and review each completed application for a permit and shall annually or more often, if required, inspect each plant whether in-state or out-of-state. The board shall issue a permit for each plant requested if the application is complete, the fee is tendered, and the plant is in compliance with reasonable rules of the board.

(1) Permits shall be state-wide in application.

(2) Permits shall be non-transferable. Whenever there is a change of ownership of a plant, a new permit is required.
Ala. Code § 20-2A-34 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-34
Section 20-2A-34 Suspension of Driver’s License
Status: in_force

Any person who is recommended a daily dosage of medical cannabis that exceeds 75 mg of delta-9-tetrahydrocannabinol under paragraph (f)(2)b. of Section 20-2A-33, shall automatically have his or her driver’s license suspended, regardless of whether he or she holds a valid medical cannabis card under this chapter.
Ala. Code § 20-2-26 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-26
Section 20-2-26 Schedule III - Standards for Compilation
Status: in_force

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

(1) The substance has a potential for abuse less than the substances listed in schedules I and II;

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

(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Ala. Code § 20-2A-9 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-9
Section 20-2A-9 Annual Written Reporst
Status: in_force

The commission shall provide annual written reports to the Legislature, with the first due no later than January 1, 2022, tracking implementation of this chapter. The report shall be made publicly available and posted on the commission’s website. The report shall include all of the following:

(1) The number of patients applying for and receiving medical cannabis cards.

(2) The qualifying medical conditions identified to obtain the medical cannabis cards.

(3) Comments from physicians and other health care providers and from pharmacists.

(4) Revenues and expenses of card issuance and licensing of medical cannabis facilities.

(5) Relevant developments in other states’ cannabis laws.

(6) Relevant scientific research.

(7) Applicable tax revenue.

(8) The commission’s annual operating expenses and revenues.

(9) The number of total applicants for each type of license under Article 4 and the number of veterans, minorities, and women who applied and the number of these applicants who were denied a license.

(10) Any other information available to the commission that would inform public officials of how this chapter affects the public.

(11) Any suggested legislative changes to this chapter or other state laws, including all of the following:

a. Any suggestions to ensure that veterans, women, and minorities are not unfairly discriminated against in obtaining licenses under Article 4.

b. Changes to reflect changes in federal law or regulation.

c. Changes based on additional medical or scientific research.
Ala. Code § 20-2-72 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-72
Section 20-2-72 Prohibited Acts C
Status: in_force

(a) It is unlawful for any person:

(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 20-2-57;

(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;

(3) To acquire or obtain possession of a controlled substance or a precursor chemical enumerated in Section 20-2-181 by misrepresentation, fraud, forgery, deception, or subterfuge;

(4) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under this chapter or any record required to be kept by this chapter; or

(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

(b) Any person who violates this section is guilty of a Class B felony, except that any person who violates subdivision (a)(3) of this section is guilty of a Class C felony.
Ala. Code § 20-1-79 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-79
Section 20-1-79 Enrichment of Corn Masa and Corn Masa Products Prior to Being Sold for Human Consumption
Status: in_force

(a) No person shall manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption any corn masa flour or corn masa product in this state except in accordance with the following:

(1) Corn masa flour shall contain 0.7 milligrams of folic acid per pound of flour, within an acceptable industry standard deviation of error.

(2) Corn masa products shall contain 0.4 milligrams of folic acid per pound of end product, within an acceptable industry standard deviation of error.

(b) This section shall not apply to any of the following:

(1) Corn masa flour or corn masa products made by or supplied to a cottage food production operation.

(2) Corn masa flour or corn masa products offered for sale by a grocery store offering conforming products.

(3) Snack foods. For the purposes of this subdivision, the term “snack food” means a food product that is intended for immediate consumption and is primarily consumed between meals, regardless of packaging size, including, but not limited to, chips, crisps, or extruded food products. The term does not include a food product primarily made from corn masa flour or wet corn masa products that is bulk packaged or is commonly used as a primary ingredient in meal preparation, including, but not limited to, tortillas.
Ala. Code § 20-2-252 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-252
Section 20-2-252 Certificate Requirements
Status: in_force

The Board of Medical Examiners may grant a Qualified Alabama Controlled Substances Registration Certificate (QACSC) to a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) who:

(1) Is practicing in accordance with this article, Title 34, Chapter 21, Article 5, and all rules and regulations pertaining to collaboration between a qualified physician and a qualified CRNP or a CNM.

(2) Submits proof of successful completion of a course or courses approved by the board which includes advanced pharmacology and prescribing trends relating to controlled substances and which is consistent with the same requirements for other mid-level providers.

(3) Provides accurate and complete documentation of 12 or more months of active, clinical practice with one or more collaborative practices agreement which is governed by Title 34, Chapter 21, Article 5 and which has received final approval from the Board of Medical Examiners and the Alabama Board of Nursing. Temporary approval practice and provisional approval practice shall not be used or considered to meet the requirement of 12 or more months of active, clinical practice.
Ala. Code § 20-2-254 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-254
Section 20-2-254 Grounds for Denial of Application or Request for Renewal, Etc
Status: in_force

The Board of Medical Examiners may deny an application of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) requesting a Qualified Alabama Controlled Substances Registration Certificate (QACSC), deny a request for a renewal of a QACSC, or initiate action against the QACSC of a CRNP or a CNM possessing a QACSC based on the following grounds:

(1) Fraud or deceit in applying for, procuring, or attempting to procure a QACSC in the State of Alabama.

(2) Conviction of a crime under any state or federal law relating to any controlled substance.

(3) Conviction of a crime or offense which affects the ability of the CRNP or CNM to practice with due regard for the health or safety of his or her patients.

(4) Prescribing a drug or utilizing a QACSC in such a manner as to endanger the health of any person or patient of the CRNP, CNM, or collaborating physician.

(5) Suspension or revocation of the registration number issued to the CRNP or CNM by the United States Drug Enforcement Administration.

(6) Excessive dispensing or prescribing of any drug to any person or patient of the CRNP, CNM, or collaborating physician.

(7) Unfitness or incompetence due to the use of or dependence on alcohol, chemicals, or any mood-altering drug to such an extent as to render the CRNP or CNM unsafe or unreliable to prescribe drugs or to hold a QACSC.

(8) Any violation of a requirement set forth in this article or a rule adopted pursuant to this article.
Ala. Code § 20-1-50 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-50
Section 20-1-50 Definitions
Status: in_force

(a) When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ARTICLE. Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question.

(2) COSMETIC. An article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance and the component parts of such an article. Such term does not include a soap.

(3) STANDARD OF PURITY OR QUALITY. The standard of purity and quality fixed by the State Board of Agriculture and Industries.

(b) Other words and phrases used in this division shall be defined as in Section 2-1-1.
Ala. Code § 20-1-133 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-133
Section 20-1-133 Permit Required for Manufacturing, Processing, Packaging, Sale, Etc., of Mellorine; Application and Fee Therefor
Status: in_force

No person shall operate a plant producing, manufacturing, processing, freezing, or packaging mellorine without a permit from the commissioner to engage in such business. Permits issued under this section shall be valid after issuance until January 1 of the next succeeding year and shall be renewed annually. Applications for such permits shall be made to the commissioner upon forms prescribed by the commissioner after complying with the provisions of this article and the rules and regulations of the commissioner and the State Health Department, and upon the payment of the permit fee of $1.00 applicants shall be issued a permit and shall be eligible to produce, manufacture, process, freeze, package, and sell mellorine.
Ala. Code § 20-2-60 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-60
Section 20-2-60 Definitions
Status: in_force

As used in this article the following words shall have the following meanings:

(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following:

a. A supervising physician, or, in his or her presence, his or her authorized agent.

b. An assistant to physician.

c. The patient at the direction and in the presence of the supervising physician or assistant to physician.

(2) ASSISTANT TO PHYSICIAN. Any person who is a graduate of an approved program, is licensed by the board, and is registered by the board to perform medical services under the supervision of a physician approved by the board to supervise an assistant to physician.

(3) BOARD. The Board of Medical Examiners of the State of Alabama.

(4) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to physician and a supervising physician under whom the assistant to physician is authorized to practice as evidenced by a written job description approved in accordance with Article 7, Chapter 24, Title 34. Physician supervision requires that there shall be at all times a direct continuing and close supervisory relationship between the assistant to physician and the supervising physician to whom that assistant is registered. The term supervision does not require direct on-site supervision of the assistant to physician; however, it does require the professional oversight and direction as may be required by the regulations and guidelines of the board.

(5) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.

(6) PRESCRIPTION. Any order for a controlled substance written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent supervising physician or assistant to physician authorized by law to prescribe and administer such drug which is intended to be filled, compounded, or dispensed by a pharmacist.

(7) SUPERVISING PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine in Alabama who has been approved by the board to supervise assistants to physicians and who holds a valid, current, and unrestricted Alabama Controlled Substances Registration Certificate.
Ala. Code § 20-1-150 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-150
Section 20-1-150 Marking or Imprinting of Drug Products in Finished Solid Oral Dosage Forms Required
Status: in_force

No drug product in finished solid oral dosage form for which a prescription is required by federal law may be manufactured or commercially distributed within this state unless it has clearly and prominently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, national drug code, or any combination thereof, identifying the drug product and the manufacturer or distributor of the drug product.
Ala. Code § 20-2B-12 — Alabama Code / Title 20 / Chapter 2B / Section 20-2B-12
Section 20-2B-12 Civil Cause of Action for Violations of Article
Status: in_force

(a) An individual whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person that intercepts, discloses, or uses, or procures another person to intercept, disclose, or use, the communication, and may recover from the person or persons that engaged in the violation any of the following:

(1) Actual damages.

(2) Punitive damages.

(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.

(b) This section does not apply to any of the following individuals if acting in a reasonable manner pursuant to this chapter:

(1) An operator of a switchboard, or an officer, employee, or agent of a communication common carrier or a communications service provider whose facilities are used in the transmission of a wire communication, who intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication.

(2) An officer, employee, or agent of a communication common carrier or communications service provider who employs or uses any equipment or device that may be attached to any telephonic equipment of any subscriber which permits the interception and recording of any telephonic communications solely for the purposes of business service improvements.

(3) An officer, employee, or agent of a communication common carrier or communications service provider who provides information, facilities, or technical assistance to an investigative officer who is authorized as provided by this chapter to intercept a wire or electronic communication.

(4) An individual acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception.

(5) An individual not acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state or for the purpose of committing any other injurious act.

(c) A good faith reliance on a court order is a complete defense to any civil cause of action brought under this chapter.
Ala. Code § 20-1-165 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-165
Section 20-1-165 Researching the Production of Cultivated Food Products
Status: in_force

Nothing in this article shall be construed as preventing any federal, state, or local governmental entity or institution of higher education, or a person that is partnered with a governmental entity or institution of higher education as evidenced by a formal agreement, from conducting research in this state regarding the production of cultivated food products.
Ala. Code § 20-2A-53 — Alabama Code / Title 20 / Chapter 2A / Section 20-2A-53
Section 20-2A-53 License Application Requirements
Status: in_force

(a) The commission shall adopt rules as necessary to implement, administer, and enforce this article in a timely manner that allows persons to begin applying for a license by September 1, 2022. Rules must ensure safety, security, and integrity of the operation of medical cannabis facilities, that do all of the following for each category of license:

(1) Establish operating standards to ensure the health, safety, and security of the public and the integrity of medical cannabis facility operations.

(2) Require a minimum of two million dollars ($2,000,000) of liability and casualty insurance and establish minimum levels of other financial guarantees, if appropriate, that licensees must maintain.

(3) Establish qualifications and restrictions for individuals participating in or involved with operating medical cannabis facilities.

(4) Establish an on-site inspection process to be conducted at each facility of an applicant prior to being issued a license, as well as ongoing on-site inspections of the facilities of a licensee.

(5) Establish standards or requirements to ensure cannabis and medical cannabis remain secure at all times, including, but not limited to, requirements that all facilities of licensees remain securely enclosed and locked as appropriate.

(6) Subject to Section 20-2A-66, establish testing standards, procedures, and requirements for medical cannabis sold at dispensaries.

(7) Provide for the levy and collection of fines for a violation of this article or rules.

(8) Establish annual license fees for each type of license, provided the fee shall be not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), depending on the category of license.

(9) Establish quality control standards, procedures, and requirements.

(10) Establish chain of custody standards, procedures, and requirements.

(11) In compliance with Chapters 27 and 30 of Title 22, establish standards, procedures, and requirements for waste product storage and disposal and chemical storage.

(12) Establish standards, procedures, and requirements for securely and safely transporting medical cannabis between facilities.

(13) Establish standards, procedures, and requirements for the storage of cannabis and medical cannabis.

(14) Subject to Section 20-2A-63, establish packaging and labeling standards, procedures, and requirements for medical cannabis sold at dispensaries.

(15) Establish marketing and advertising restrictions for medical cannabis products and medical cannabis facilities.

(16) Establish standards and procedures for the renewal, revocation, suspension, and nonrenewal of licenses.

(b) The commission, by rule, shall design a universal state symbol that is a color image and made available to licensed processors to include on all packages of medical cannabis, as required under Section 20-2A-63.
Ala. Code § 20-1-20 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-20
Section 20-1-20 Definitions
Status: in_force

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to the food product or the drug product in question.

(2) BABY FOOD. A food which purports to be or is represented for special dietary use as a food for babies by reason of its special formulation or its particular suitability for children under two years of age.

(3) BOARD. The State Board of Agriculture and Industries.

(4) CLASS A FOODS. Baby food, infant formula, and potentially hazardous food.

(5) COMMISSIONER. The Commissioner of Agriculture and Industries.

(6) DEALER. A manufacturer, wholesaler, retailer, jobber, and similar establishments, mobile or permanent, engaged in the sale of food for consumption on premises.

(7) DEPARTMENT. The Department of Agriculture and Industries.

(8) DRUG. All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals.

(9) FOOD. All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals.

(10) FOOD SALES ESTABLISHMENT. Retail and wholesale stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises.

(11) INFANT FORMULA. A food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.

(12) LABEL. A display of written, printed, or graphic matter upon the immediate container of any article.

(13) MISBRANDED. Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced.

(14) OPEN-DATE STATEMENT. The terms “Sell By”; “Freeze By”; “Sell or Freeze By”; “Not to be Sold After”; “Best if Used By”; “Expiration”; or other terms as defined by rules or regulations; or a date without additional words shall be considered an open-date statement.

(15) OUT-OF-DATE. Any article with a label containing an open-date statement with a date affixed thereto which has passed.

(16) PERSON. An individual, partnership, corporation, or association or any combination thereof.

(17) POTENTIALLY HAZARDOUS FOOD. A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum or the growth of Salmonella Enteritidis. The term does not include foods which have a pH level 1 of 4.6 or below; or a water activity (a sub w) of 0.85 or less; or food products in hermetically sealed containers processed to achieve and maintain commercial sterility under unrefrigerated conditions. The foregoing notwithstanding, the board may by rule adopt the definition for “Potentially Hazardous Food” set out in subparagraph 1-201.10 (B)(61), Food Code, 1999 Recommendations of the United States Public Health Service, Food and Drug Administration, National Technical Information Service Publication, PB99-115929.

(18) STANDARD OF PURITY OR QUALITY. The standards of purity for food products promulgated by the State Board of Agriculture and Industries and by statutes of this state.
Ala. Code § 20-2-71 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-71
Section 20-2-71 Prohibited Acts B
Status: in_force

(a) It is unlawful for any person:

(1) To knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58;

(2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;

(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter; provided, however, that upon the first conviction of a violator under this provision the violator shall be guilty of a Class A misdemeanor. Subsequent convictions shall subject the violator to the felony penalty provision set forth in subsection (b);

(4) To refuse an entry into any premises for any inspection authorized by this chapter; or

(5) To knowingly keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter.

(b) Any person who violates this section is guilty of a Class B felony.
Ala. Code § 20-1-113 — Alabama Code / Title 20 / Chapter 1 / Section 20-1-113
Section 20-1-113 Requirements as to Labeling
Status: in_force

All oleomargarine sold in the State of Alabama must be labeled in accordance with the regulations of the Federal Food and Drug Administration of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade.
Ala. Code § 20-2-57 — Alabama Code / Title 20 / Chapter 2 / Section 20-2-57
Section 20-2-57 Distribution of Certain Controlled Substances by One Registrant to Another Registrant
Status: in_force

Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.