reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.05 - Patient Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To
			 qualify for placement on the registry, a prospective patient must:
(a) Be an Alabama resident.
(b) Establish and maintain a bona fide
			 physician-patient relationship with a registered certifying physician who
			 (acting individually or through a designated representative) shall submit a
			 complete patient registration submission.
(c) Become certified by a registered
			 certifying physician who has diagnosed or confirmed a qualifying condition and
			 has recommended the patient's use of medical cannabis.
(d) Consent to treatment with medical
			 cannabis. If the patient is a minor or individual with a court-appointed legal
			 guardian, the prospective patient's parent or legal guardian shall consent to
			 treatment with medical cannabis.
(e) Remit to the Commission the application
			 fee as set by the Commission.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.06 - Caregiver Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Unless otherwise provided in paragraph 2. of this rule, only Alabama residents
			 who are natural persons 21 years of age or older may register with the
			 Commission to serve as a caregiver for a qualifying patient.
(2) Notwithstanding the age limitation in
			 paragraph 1. of this rule, a minor patient's parent or legal guardian 19 years
			 of age or older and who otherwise meets the requirements of the Act and this
			 Chapter, may serve as the minor patient's caregiver.
(3) No person shall serve as a caregiver for
			 any patient before registering with the Commission as provided in the Act and
			 this Chapter.
(4) A patient shall
			 designate no more than two caregivers. The Commission shall register no more
			 than two caregivers for each patient.
(5) A competent adult patient may change
			 caregivers with 14 days' written notice to the certifying physician, who
			 (acting individually or through a designated representative) shall notify the
			 Commission of the change on the patient registry.
(6) An individual shall serve as a caregiver
			 for no more than three patients. Except as provided in paragraph 8. of this
			 rule, the Commission shall associate no more than three patients for each
			 caregiver.
(7) A caregiver must
			 possess a medical cannabis card, and pay an application fee, for each patient
			 for whom the caregiver provides care.
(8) Notwithstanding the limitations in
			 paragraphs 4. and 6. of this Rule, upon a written request, the Commission may,
			 in its discretion, permit an individual to serve as a caregiver for more than
			 three patients and/or for a patient to designate more than two caregivers:
(a) In order to avoid unnecessary hardship to
			 the patient or patients;
(b) Where
			 the patients' care is being provided in a hospital, long-term care facility, or
			 through a hospice program licensed under Alabama law; or
(c) Where the caregiver is simultaneously
			 caring for multiple patients who reside in the same household as the
			 caregiver.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.08 - Restrictions On Patients And Caregivers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Patient and caregiver registrations are
			 non-transferrable.
(2) Patients and
			 caregivers shall not engage in the cultivation of medical cannabis or the
			 manufacture of medical cannabis extract. Registration as a patient or caregiver
			 is not a license under the Act or this Chapter to cultivate, produce,
			 transport, or dispense medical cannabis.
(3) No patient or caregiver shall provide or
			 accept samples of medical cannabis.
(4) Patients and caregivers shall purchase
			 medical cannabis only from a certified medical cannabis dispensing site
			 operated by a dispensary or integrated facility licensed by the
			 Commission.
(5) Patients and
			 caregivers shall store medical cannabis in a secure location so as to prevent
			 theft, loss, or access by persons not authorized under the Act and this
			 Chapter.
(6) Patients and
			 caregivers shall carry their medical cannabis cards with them whenever they are
			 in possession of medical cannabis. No more than a 70-day supply of medical
			 cannabis, as then recommended by the patient's registered certifying physician,
			 may be possessed by or on behalf of a single patient at any time.
(7) Medical cannabis shall be maintained in
			 one of the following containers at all times until administered to, or by, a
			 patient:
(a) The original dispensing package
			 with an unaltered dispensary label in accordance with the Act and these Rules;
			 or
(b) A container for storing
			 medical cannabis provided by a dispensary or integrated facility in accordance
			 with the Act and these Rules.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.09 - Voluntary Relinquishment Or Termination Of Medical Cannabis Card

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At any time, a
			 patient or caregiver may voluntarily relinquish their certification as such by
			 written notification to the certifying physician or the Commission.
(2) The registered certifying physician or
			 the physician's designated representative shall inform the Commission by
			 notation on the patient registry within 72 hours of (1) receiving written
			 notification of the patient's or caregiver's decision to voluntarily relinquish
			 the patient's or caregiver's medical cannabis certification; (2) determining
			 that a patient is no longer under a diagnosis of a qualifying condition; (3)
			 being notified of the death of the patient or caregiver; or (4) learning that
			 the caregiver has quit, been terminated, or for any other reason is no longer
			 acting as caregiver with respect to the patient.
(3) The employer of a professional caregiver
			 employed by a hospital, long-term care facility or hospice program licensed
			 under Alabama law shall inform the Commission by notation on the patient
			 registry within 72 hours of (1) being notified of the death of the patient or
			 caregiver; or (2) learning that the caregiver has quit, been terminated, or for
			 some other reason is no longer acting as caregiver with respect to the
			 patient.
(4) A patient or caregiver
			 may, upon learning from a licensed certifying physician that the patient no
			 longer has a diagnosis of a qualifying condition:
(a) Inform the Commission, by notation on the
			 patient registry, of the patient's intention to dispute or obtain documentation
			 of an alternate qualifying condition (resulting in the suspension and not the
			 revocation of the patient's certification);
(b) Obtain and cause to be submitted, within
			 30 days, documentation from another qualified licensed certifying physician
			 that, despite the prior physician's change in diagnosis, the patient has a
			 diagnosis of a qualifying condition; however, failure to submit the required
			 documentation within 30 days shall result in the revocation of the patient's
			 certification, thereafter requiring full documentation and payment of the
			 application fee to resubmit.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.10 - Circumstances Requiring Notice To The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A patient or caregiver must notify the
			 Commission within 72 hours of learning that the patient's or caregiver's
			 medical cannabis card has been lost or stolen, used fraudulently or has
			 otherwise been accessed without authorization. After notification that a
			 medical cannabis card has been lost, stolen, or used fraudulently or has
			 otherwise been accessed without authorization, the Commission may, pursuant to
			 the provisions of this Chapter and the patient's or caregiver's payment of the
			 medical cannabis card replacement fee provided in the Commission's schedule of
			 fees, issue a new medical cannabis card with a new registry number.
(2) If a patient is deceased, the patient's
			 physician, caregiver, if any, or a legal representative of the patient, shall
			 notify the Commission as soon as possible but not later than 72 hours of
			 learning of the patient's death.
(3) A patient or caregiver shall report to
			 the Commission within 14 calendar days an arrest, conviction or pendency of the
			 following charges against the patient or caregiver:
(a) Any felony offense under the laws of
			 Alabama;
(b) Any felony offense
			 under federal law;
(c) Any crime
			 under the laws of another jurisdiction that would constitute a felony offense
			 under the laws of Alabama;
(d) Any
			 misdemeanor offense under the laws of Alabama, federal law, or the laws of
			 another jurisdiction involving the possession, use, or distribution of illegal
			 drugs; the operation of a motor vehicle, watercraft, or aircraft while under
			 the influence of an illegal substance; or any crime involving fraud, theft,
			 violence, abuse or neglect.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.11 - Sanctions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission,
			 after notice and hearing in accordance with the Act and these Rules, may impose
			 any one or more of the following sanctions on a patient or caregiver if the
			 Commission finds the individual engaged in any of the conduct set forth in
			 paragraph 2. of this rule:
(a) Revoke,
			 suspend, restrict, limit, or refuse to grant or renew the patient's or
			 caregiver's medical cannabis card;
(b) Place the patient or caregiver on
			 probation for a period not longer than one year; or
(c) Issue a written reprimand to the patient
			 or caregiver and include a notation of the reprimand in the patient
			 registry.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.12 - Involuntary Suspension Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission, acting as a body or
			 through its agents, may suspend a patient's or caregiver's certification to
			 hold a medical cannabis card by using a telephone or video conference call to
			 review the allegations and make its determination. The Commission shall
			 endeavor to hold the telephone or video conference at a mutually agreeable
			 time. The patient's or caregiver's failure to appear for a telephone or video
			 conference call required by the Commission or its agents shall be deemed
			 evidence to support the contemplated suspension. If the Commission, acting as a
			 body or through its agents, in consultation with the recommending physician,
			 determines that there is clear and convincing evidence that the patient's or
			 caregiver's medical cannabis card is being abused, such that continuing to
			 furnish or dispense medical cannabis to the patient or caregiver, presents a
			 danger of immediate and serious harm to the patient, caregiver, or to others,
			 the Commission may suspend the individual's certification without a hearing,
			 pending final adjudication to determine whether permanent sanctions as set
			 forth in this Chapter are appropriate.
(2) Except as stated above, the Commission
			 shall follow the procedure for suspension of a medical cannabis card only upon
			 holding a hearing as set forth in Chapter 1 of these Rules. The suspension
			 shall remain in effect, unless removed by the Commission, until the
			 Commission's final adjudication order becomes effective, except that if the
			 Commission does not issue its final adjudication order within ninety days after
			 the hearing, the suspension shall thereafter be void.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.13 - Confidential Information

Current through Register Vol. 42, No. 9, June 28, 2024
Any document that is a patient record or that contains
				information that is required to be kept confidential according to any state or
				federal law, for purposes of the administrative hearing only, may be provided
				to a representative of record or to a witness in any proceedings before the
				Commission or any appeal or other administrative or judicial proceedings
				arising therefrom. Confidential information may also be provided in response to
				a judicial order or a subpoena by any party issued from a court of competent
				jurisdiction. Except as stated herein, confidential information shall not be
				disseminated to any other person unless the confidential information is
				redacted.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Chapter 3 of these Rules sets forth the general requirements
				for Applicants seeking licensure by the Commission. Specific rules applicable
				to each category of Applicant may be found in the rules pertaining to each
				category.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.03 - Licensing And Regulation Of Medical Cannabis; Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) License Required. In each of the
			 following categories a license to operate is required: integrated facility,
			 cultivator, processor, secure transporter, dispensary, and state testing
			 laboratory. To obtain a license, a person, including a business entity, must
			 have applied to the Commission and been issued a license in accordance with the
			 Act and this Chapter. No person or entity may apply for more than one category
			 of license at a time; an applicant who withdraws an application may reapply, so
			 long as the application is timely, in accordance with Rule 538-X-3-.05 of this
			 Chapter.
(2) Number of Licenses to
			 be issued by the Commission. The Commission will limit the number of licenses
			 per category listed in paragraph 1. of this Rule to the extent directed by the
			 Act. Nothing in the Act or this Chapter shall prevent the Commission from
			 issuing less than the maximum number of licenses per category. The Commission
			 may, in its discretion, determine not to issue a license in any or all
			 categories listed in paragraph 1.; the Commission shall not issue the maximum
			 number of licenses to the extent it determines that an insufficient number of
			 the available Applicants in a category are properly qualified to hold a license
			 in the category applied for.
(3)
Hemp Act Exception
. Licenses under this Chapter do not apply
			 with respect to hemp or hemp-related products regulated by the Alabama
			 Industrial Hemp Act, §
								2-8-380, et seq.,
Code of Ala. 1975
, (as amended).
(4)
Illegal Cannabis
			 Exception
. Licenses under this Chapter do not apply with respect to
			 cannabis or cannabis-related products:
(a)
			 grown, manufactured, transported, tested, or dispensed outside the state of
			 Alabama;
(b) grown, manufactured,
			 transported, tested, dispensed or used within the State of Alabama other than
			 for medical use as defined under the Act and these Rules; or
(c) diverted from cannabis or
			 cannabis-related products grown or produced for medical use under the Act and
			 these Rules.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.04 - Applications And Applications Processing Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application Fees. Applicants for a
			 license under the Act and this Chapter shall pay a nonrefundable Application
			 Fee in accordance with the most recent Application Fee Schedule approved by the
			 Commission and then in effect, as applicable to the particular license sought.
			 The current Application Fee Schedule may be found at
www.AMCC.Alabama.gov
(hereinafter,
			 "the AMCC website").
(2) License
			 Does not Convey Rights; Burden on Applicant. The license granted and issued by
			 the Commission is deemed to be a revocable privilege (§
								20-2A-68,
Code of Ala.
			 1975
, (as amended)), and no person or legal entity holding such a
			 license is deemed to have acquired any vested rights therein. An Applicant for
			 a license authorized by the Act or this Chapter is seeking the granting of a
			 privilege rather than a right, and the burden of proving qualification and
			 suitability to receive the license is, at all times, on the Applicant.
			 Responsibility for the continued use of the license is, at all times, on the
			 licensee; licenses are non-delegable and non-transferable except with the
			 express permission of the Commission, as provided in Chapter 4 of these
			 Rules.
(3) Limited Communication -
			 Generally; Exceptions. The integrity of the application and licensing process
			 is of paramount importance to the Commission and will not be compromised.
			 Throughout the Application Process, Applicants (including all employees, agents
			 and representatives of Applicants and any other individual acting on an
			 Applicant's behalf) must not initiate communication with any member of the
			 Commission or any AMCC staff, officials, or representatives regarding the
			 application, except as follows:
(a) through
			 the "Applicant Questions" portal as provided at the AMCC website;
(b) by written notification to the Commission
			 of a change in the Applicant's Summary Sheet information;
(c) to file an Amended Application, request
			 additional time for filing proposed corrections to a deficiency noted by the
			 Commission, to request additional opportunity to amend the application based on
			 extenuating circumstances, or to request an investigative hearing before the
			 Commission in the event the applicant's license was denied.
To the extent oral communication is deemed to be helpful to
				resolving any issue or answering any question, AMCC staff will initiate the
				oral communication, and the result of the oral communication will be
				memorialized in writing.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.05 - Contents Of Application

Current through Register Vol. 42, No. 9, June 28, 2024
The Application filed with the Commission shall include the
				following, in the order stated:
(1)
			 Cover Sheet - as provided with the Application Form.
(2) Summary Sheet - as provided with the
			 Application Form based on information provided in the Applicant's Request for
			 Application:
(a) the category of license being
			 applied for;
(b) the Applicant's
			 name, business address, business email address, and business telephone
			 number;
(c) the Applicant's Social
			 Security Number or Federal Tax Identification Number;
(d) the name, business address, business
			 email address, and direct dial telephone number of the contact person who will
			 be responsible for fielding and responding to additional requests by the
			 Commission.
Throughout the Application Process, any changes to the
				foregoing information must be brought to the immediate attention of the AMCC
				through the website, and such information changes do not constitute an
				"Amendment" as provided under this chapter. Notwithstanding the foregoing,
				changes with respect to the category of license being applied for may not be
				made after the window closes for requesting an application form (for the
				initial offering, 4:00 p.m., CDT on October 17, 2022, or at 4:00 p.m. Central
				Time on the date these rules become effective, whichever is
				later.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.07 - Withdrawal Of Applications

Current through Register Vol. 42, No. 9, June 28, 2024
Applicants may withdraw a filed Application or Amended
				Application at any time; however, an Applicant who has withdrawn an application
				may refile (and pay a new application fee) only once, and then only if the
				window for original Application filing remains open. Withdrawal of an
				Application does not exempt the applicant from the jurisdiction and authority
				of the Commission to issue sanctions, as appropriate to address any improper
				conduct by the applicant during the application process.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.09 - Applications Deemed "Submitted"

Current through Register Vol. 42, No. 9, June 28, 2024
Particularly with respect to offerings potentially involving
				multiple available licenses, but otherwise at the discretion of the Commission
				based on a timeline to be set forth in the Offering Announcement or included on
				the Application Form, no Application by any Applicant may be deemed "submitted"
				pursuant to §
								20-2A-56(d),
Code of Ala. 1975
, (as amended), until the Commission
				decides to accept and approve or reject proposed corrections and
				extraordinary-time proposed corrections with respect to all other deficient
				applications, regardless of whether the applicant's own application was deemed
				deficient and required proposed corrections. In such instances, the date
				applications are deemed "submitted" shall also be the date the Commission
				decides whether to accept and approve an Amended Application under extenuating
				circumstances or proposed corrections filed in respect to a Notice of
				Deficiency or an Extraordinary Circumstances Application. With respect to the
				initial offering period, the Commission shall, by vote, deem all properly filed
				and, as necessary, corrected applications "submitted" at or before its meeting
				on April 13, 2023, or 60 days from the date Notices of Deficiency were issued
				based on deficient applications, whichever is later. The time for the
				Commission to determine whether a license should issue to an Applicant does not
				begin until all applications are deemed "submitted" as set forth in this rule,
				and the 60 days to grant or deny a license does not begin to run until that
				date. Notice of the Commission's decision shall issue to the Applicant no later
				than 4:00 p.m. Central Time the following business day.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.11 - Criteria For Awarding Licenses - Standards, Procedures And Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The number of
			 licenses awarded as to each category of Applicant shall be in accordance with
			 provisions of the Act, to the extent licenses regarding any particular category
			 are limited. In no event shall the Commission award a license, as to any
			 category, in excess of any limitation provided in the Act.
(2) In every instance, the primary
			 consideration of the Commission in awarding any license shall be the merits of
			 the application submitted, including, but not limited to the Applicant's
			 solvency, stability, suitability, capability, projected efficiency, and
			 experience, both in relation to any baseline set by the Commission as well as
			 in comparison with other Applicants.
(3) The Commission's criteria for granting
			 licenses, or increasing the number of a specific category of license to grant,
			 shall include, but shall not necessarily be limited to, the following factors:
(a) The population of the state,
(b) The number of active or anticipated
			 registered qualified patients,
(c)
			 Market demand for medical cannabis,
(d) The unemployment rate of the
			 state,
(e) The need for
			 agricultural and other business opportunities in communities,
(f) Access to health care,
(g) Infrastructure,
(h) The extent to which an Applicant, if
			 awarded a license, anticipates fully utilizing its license authorization and/or
			 the number of its permitted facilities,
(i) The anticipated time within which an
			 Applicant projects being able to commence operations and/or reach full capacity
			 as to its operations,
(j) The
			 measures, if any, an Applicant is willing to take in seeking to minimize costs
			 to patients,
(k) The existing or
			 projected distribution of licenses in a category across the State,
(l) Providing the greatest benefits to the
			 residents of Alabama, and
(m) The
			 racial and economic makeup of Alabama.
(n) Providing variety within licensees'
			 business models, so as to foster a diversity of approaches to doing business,
			 engage creative or innovative ways of achieving business goals and serving the
			 citizens of Alabama, and increase choice to patients and caregivers.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.12 - Third-Party Evaluation And Recommendation

Current through Register Vol. 42, No. 9, June 28, 2024
In the event the Commission opts to act through third-party
				"agents" (as provided in §
								20-2A-55(d),
Code of Ala. 1975
, (as amended)) or representatives of
				a State Agency, to perform inspections, examinations, evaluations, and
				recommendations as to licenses, the Commission remains the primary decision
				maker with regard to licensing and has authority to act independently of any
				third-party evaluation and recommendation. This means that the Commission has
				discretion to act consistently with such evaluation and recommendations, to
				differently weigh the factors contained within such evaluation and
				recommendations, or to apply different factors and issue licenses based on
				reasons not considered by the third party, but upon such other factors as the
				Commission, in its discretion, may deem appropriate. Except as otherwise
				provided by these rules or ordered by the Commission, the Commission, AMCC
				Staff, and any entities or individuals contracting with the Commission or its
				agents, must keep confidential (as defined in
				538-x-1-.02) all information and
				any documents obtained from any inspection, examination or evaluation of any
				applicant, licensee or individual in connection herewith.
Author:
William H. Webster; Mark D.
				  Wilkerson
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.13 - Public Notice And Comment Period: Public Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Except as may be otherwise provided under these Rules, a 30-day
				public comment period in compliance with §
								20-2A-56(a),
Code of Ala. 1975
, (as amended) shall begin on the
				next business day after applications are deemed "submitted" as provided in Rule
				538-X-3-.07. As to the initial
				offering period, applications are deemed submitted as to all original
				applications, amended applications and applications as to which corrections
				have been proposed, accepted and approved, upon a vote of the Commission to be
				taken at its meeting at 1:00 p.m., CDT, April 13, 2023, or the next meeting of
				the Commission not less than 15 days after the deadline to propose
				extraordinary-time corrections or to propose amendments to be filed under
				extenuating circumstances, whichever is later. On the next business day after
				such date, the Commission shall issue a public notice on the AMCC website,
				identifying by category of license sought all individuals or entities whose
				applications have been submitted and who are being considered for license under
				the Act and this Chapter and providing links to the applications (redacted
				versions, if provided) supplied by the applicants. Public comments in favor or
				opposed to granting a license to a particular applicant must be made
				electronically through the AMCC website, in accordance with the instructions to
				be provided at that time. The Commission, in its discretion, but in any event
				during the public notice period and upon at least 7 days' notice, may choose to
				hold a public hearing as to one or more of the prospective licensees. As to the
				initial offering, the public notice period expires at 4:00 p.m. CST on Sunday,
				May 14, 2023, or at 4:00 p.m., Central Time, 30 days after the date public
				comment is opened, whichever is later.
Author:
William H. Webster; Mark D.
				  Wilkerson
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.14 - Ineligibility For License

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the provisions of §
								20-2A-56 {b),
Code of Ala. 1975
, (as amended), setting forth
				the conditions under which an applicant shall be ineligible for license, the
				Commission also shall deem an applicant ineligible to receive a license for the
				following reasons:
(1) An owner,
			 director, board member, or individual with a controlling interest in the
			 Applicant has pled guilty to, been convicted of, or released from incarceration
			 either in Alabama or in any other jurisdiction for, a felony, or other crime
			 that would constitute a felony under the laws of Alabama within the past 10
			 years, or has in any jurisdiction pled guilty to or been convicted of a
			 controlled substance-related misdemeanor (or other crime that would constitute
			 a controlled substance-related misdemeanor under the laws of Alabama) 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 of the
Code of Ala. 1975
,
			 (as amended).
(2) The Applicant has
			 knowingly filed an application for a license under the Act and this Chapter
			 that contains false information.
(3) An owner, director, board member,
			 employee, agent, or other 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 as described in §
								20-2A-55(a)(10),
Code of Ala. 1975
, (as amended), indicating that a
			 majority of the ownership of any Applicant is attributable to an individual or
			 individuals with proof of residence in this state for a continuous period of no
			 less than 15 years preceding the application date.
(6) For an Applicant seeking an integrated
			 facility license or cultivator license, the Applicant cannot provide records
			 described in §
								20-2A-55(a)(11),
Code of Ala. 1975
, (as amended), indicating that a
			 majority of ownership is attributable to an individual or individuals, or an
			 entity or entities, with cumulative business experience in the field of
			 commercial horticulture or agronomic production for a period of at least 15
			 years.
(7) The Applicant has failed
			 to follow the instructions of the Commission in respect to filing its
			 application or otherwise relating to the Act and this Chapter.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.15 - Issuance Of License Notices Of Award And Notices Of Denial

Current through Register Vol. 42, No. 9, June 28, 2024
Within 60 days of the date the Applicant's application (either
				as originally filed or as amended) is deemed submitted in accordance with Rule
				538-x-3-.07 (which also shall be within 60 days of the date the Commission
				accepts and approves proposed corrections by an Applicant whose application had
				been deemed deficient), the Commission shall issue notices of award and notices
				of denial, as appropriate, to all Applicants under consideration for licenses
				in accordance with the Act and this Chapter. As to the initial offering by the
				Commission, the date such notices shall issue is noon, CDT, June 12, 2023, or
				at noon, Central Time, sixty days from the date the applications are deemed
				submitted, whichever is later.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.16 - Payment Of License Fee

Current through Register Vol. 42, No. 9, June 28, 2024
Licensees having received a notice of award granting a license
				shall have 14 days (as to the initial offering, until 4:00 p.m., CDT, June 26,
				2023, or within 14 days of the issuance of the notice of award) to submit the
				appropriate license fee. The Amount of the license fee for each Applicant which
				has been awarded a license shall be in accordance with the annual license fee
				established by the Commission, which shall be as set forth in the schedule of
				fees, and payable electronically via the payment portal, both of which shall be
				contained on the AMCC website. Licensees shall be responsible for any and all
				transaction fees that may be assessed for their use of the payment
				portal.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.17 - Issuance Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Unless the Commission or other court of competent jurisdiction
				enters a stay against the issuance of some or all licenses, licenses shall
				issue to all Applicants who have been awarded licenses upon processing of the
				appropriate license fees, not later than 14 days after the deadline for payment
				of the appropriate fee; for the initial offering, issuance of licenses shall
				occur on the later of noon, CDT, July 10, 2023, or 28 days from the date
				licenses are awarded, or within three (3) business days after the lifting of
				any stay on the issuance of licenses.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.19 - Penalties For False Information Or Fraud

Current through Register Vol. 42, No. 9, June 28, 2024
Any Applicant, including any responsible party or contact
				person of any applicant, who knowingly submits false information or otherwise
				attempts to commit fraud in connection with the application and licensing
				process under this Chapter, in addition to having its application ruled
				ineligible, may be subject to penalties and fines and, potentially, criminal
				charges. Penalties and fines to be levied upon Applicants under this Rule shall
				be established by the Commission and set forth in the schedule of fines on the
				AMCC website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.20 - Special Procedures Relating to Certain Applications

Current through Register Vol. 42, No. 9, June 28, 2024
The following special procedures shall apply to all license
				applications that both (1) were subject to an administrative stay issued by the
				Commission on August 31, 2023, or the Temporary Restraining Order as referenced
				in orders issued by the Montgomery County Circuit Court dated August 21, 2023,
				August 30, 2023, and September 11, 2023; and (2) are, or become, subject to an
				award of license by the Commission on or after the effective date of this
				Rule.
Notwithstanding any other provision of the Commission's
				Rules:
1. Applicants whose
			 applications were deemed submitted by the Commission but, because of file size
			 limitations in the application portal, were either (i) unable to submit all or
			 portions of exhibits associated with such application; or (ii) required to
			 submit exhibits that were compressed, truncated or otherwise distorted, shall
			 be permitted to submit, within ten (10) business days after the date on which
			 any such applicant becomes subject to an award of license by the Commission, a
			 full copy (PDF via USB flash drive) of such exhibits to the Commission along
			 with the following sworn statement:
STATE OF
COUNTY OF
CERTIFICATION
I hereby attest and certify that:
1. I am [insert name]. I am [insert position]
			 of [insert applicant name] (hereafter the "Applicant") and am authorized to
			 submit this certification on its behalf. I have knowledge of the facts set
			 forth in this certification.
2. The
			 Applicant attempted in good faith to submit the exhibits listed below on or
			 before the application deadline of December 30, 2022 but, because of file size
			 limitations in the application portal, was either (i) previously not submitted;
			 or (ii) compressed, truncated or otherwise distorted:
[insert description of exhibits]
3. For each exhibit listed above, I have
			 attached a true and correct copy of metadata confirming (a) the date and time
			 of such exhibit's creation and modification, reflecting the existence of such
			 exhibit as of the application deadline; and (b) that such exhibits have not
			 been altered since such date.
SIGNED this the _____day of _______________, 202_.
[insert name]
SWORN TO and subscribed before me on this the _____day of
				_______________, 202_.
_______________________________ NOTARY PUBLIC
My Commission Expires:
[SEAL]
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Appendix A - Appendix A - Timeline For Applications and Licensing (Initial Offering

Current through Register Vol. 42, No. 9, June 28, 2024
(ASSUMING RULES BECOME EFFECTIVE OCT. 17,
				2022)1
Click to view
				image
Click to view
				image
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Chapter 4 of these Rules regulates licensees' conduct and
				details general procedures applicable after a license has been issued.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.03 - Investigation Of Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
During the term of any license issued under these Rules, the
				Commission, in accordance with §
								20-2A-52(a),
Code of Ala. 1975
, (as amended), acting on information
				received or for other reasonable cause or suspicion, may investigate any
				alleged violation by the licensee of the Act or these Rules, as well the
				licensee's owners, officers, directors, interest holders, administration,
				management, or employees. Investigations may be conducted by the Commission
				through its employees, or through an independent third party, a state agency,
				or any combination thereof. Such investigations shall ensure license
				eligibility, compliance with the Act and these Rules, and consistency with
				representations made to the Commission in the documents submitted by the
				licensee. The fact of an investigation pursuant to this rule may or may not be
				disclosed to the licensee while the investigation is ongoing. Results of any
				investigation, to the extent revelatory of any issue of concern to the
				Commission, shall be made known to the licensee, who shall be given an
				opportunity to respond, to the extent it did not have the opportunity to do so
				previously.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.04 - Training And Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
For Licensees'
			 Owners, Officers, Administrators, and Managers
. A
			 licensee's owners, board members, officers, administrators, managers, and any
			 other salaried employees (as those positions and/or individuals were identified
			 in the Business Plan provided by the licensee during the application process or
			 as modified at any time thereafter), require training and continuing education
			 as follows:
(a) A medical cannabis
			 foundations training program as shall be provided by the Commission on the AMCC
			 website at or before the issuance of licenses, to be completed prior to the
			 licensee's commencing operations (or at the time of hiring, if after the
			 commencement of operations).
(b) No
			 less than twenty (20) hours of continuing education to be completed during
			 every full calendar year after receiving the foundations training; appropriate
			 courses must be as provided by or preapproved by the Commission, including any
			 specific courses that are required by the Commission. For any of the foregoing
			 individuals who, as part of their duties, have direct contact with cannabis or
			 medical cannabis, no less than five (5) of the required continuing education
			 hours must be from courses regarding safety of cannabis and medical
			 cannabis.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.06 - Annual Licensing Fees; Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
Licensees shall be responsible for paying a renewal license
				fee, which shall be due annually on the date of issuance of the licensee's
				original license. Renewal license fees shall be in accordance with the
				Commission's approved schedule in effect on the date of issuance of the license
				renewal. All such fees shall be reflected on the AMCC
				website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.07 - Duty To Meet And Maintain Standards, Policies, Procedures and Operations Per Application

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee has an ongoing duty to meet and maintain the
				standards, policies, procedures, and operations as it affirmed to the
				Commission at the time of licensing, as such standards, policies, procedures,
				and operations may have been amended by the licensee from time to time in
				accordance with Rules 538-X-4-.08 and 538-X-4-.19. Specifically, at the time of
				the licensee's pre-commencement inspection and at each inspection thereafter, a
				licensee must meet and/or maintain the following, in the manner previously
				provided at the time of licensing, as updated (i.e., current to within 30 days,
				unless otherwise required):
(1) With
			 regard to each business entity that has any ownership interest in the licensee,
			 the licensee shall verify all of the following:
(a) The name and street address of every
			 individual having an indirect or direct ownership interest in that business
			 entity. For purposes of this paragraph, if the business entity is a trust, the
			 verification shall disclose the names and street addresses of all trustees and
			 beneficiaries; if a privately held corporation, the names and street addresses
			 of all shareholders, officers, and directors; if a publicly held corporation,
			 the names and addresses of all officers, directors, and shareholders holding a
			 direct or indirect interest of greater than five percent; if a partnership or
			 limited liability partnership, the names and street addresses of all partners;
			 if a limited partnership or limited liability limited partnership, the names of
			 all partners, both general and limited; or if a limited liability company, the
			 names and street addresses of all members and managers.
(b) The name and street address of all of the
			 following other entities, if the other entities are directly or indirectly
			 involved in the cannabis industry, including, but not limited to, the
			 cultivation, processing, packaging, labeling, testing, transporting, or sale of
			 cannabis or medical cannabis.
1. The name and
			 street address of any subsidiary, affiliate, conglomerate, parent, or other
			 entity that shares common ownership, directly or indirectly, with the business
			 entity.
2. The name and street
			 address of any partnership or limited liability partnership of which the
			 business entity is a partner.
3.
			 The name and street address of any limited liability company of which the
			 business entity is a member or manager.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.09 - Term Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
The term of licenses for Cultivators, Processors, Secure
				Transporters, Dispensaries, Integrated Facilities and State Testing
				Laboratories is one year from the date of issuance. Except as expressly
				provided herein, licensees may not operate without a valid license under the
				Act and these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.