Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.07 - Purchase Of Medical Cannabis By Patients And Caregivers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A patient or caregiver may only purchase
			 medical cannabis pursuant to a valid and active medical cannabis card, which
			 may be tangible or virtual, demonstrating certification by a registered
			 certifying physician pursuant to the Act and this Chapter.
(2) Patients under 19 years of age shall be
			 issued a medical cannabis card identifying them as a minor, and such patients
			 are prohibited from purchasing medical cannabis except through a
			 caregiver.
(3) Requiring patients
			 and caregivers to possess a medical cannabis card lawfully obtained pursuant to
			 the Act and this Chapter does not infringe on the cardholder's state or federal
			 constitutional rights.(§
								20-2A-11,
Code of Ala. 1975
, (as amended)).
(4) Upon entry into a dispensing site and
			 before purchasing medical cannabis, patients and caregivers must provide their
			 medical cannabis card; at the discretion of the dispensary or integrated
			 facility operating the dispensing site, patients and caregivers also may be
			 asked to provide additional photo or other approved identification, including
			 an unexpired Alabama driver's license, an unexpired Alabama identification card
			 issued by ALEA; passport; or any other identification proving identity as
			 approved by the Commission.
(5) Any
			 persons, including children or guests of patients or caregivers, who are unable
			 to provide a medical cannabis card matching a valid patient registry profile,
			 or who are unable to provide, upon request, additional identification to the
			 satisfaction of dispensing site personnel, are prohibited from entering the
			 dispensing site. This rule does not apply to employees, representatives of
			 other licensees, Commission members or personnel or inspectors, third parties
			 visiting the dispensing site at the request of the Commission or the licensee,
			 or who are entering the facility for the purpose of performing repairs or
			 maintenance at the dispensing site.
(6) The identification number on the medical
			 cannabis card provided to a dispensary employee must be identical to the
			 identification number included in the patient or caregiver's profile in the
			 patient registry.
(7) Before
			 purchasing medical cannabis, patients and caregivers must provide the
			 dispensing employee their medical cannabis card; at the discretion of the
			 dispensing site, they also may be asked to provide additional identification as
			 described in paragraph 4. of this rule.
(8) A registered certifying physician does
			 not prescribe medical cannabis but merely sets a recommended form of intake
			 (i.e., oral tablet, capsule, tincture, inhaler, lotion, etc.) and THC content,
			 up to a maximum daily dosage of medical cannabis for the patient based on the
			 patient's diagnosis, qualifying medical condition, age, size, and other
			 individual factors. Such determinations as to form and THC content to be
			 recommended shall be exclusively the province of the registered certifying
			 physician, up to the maximum daily dosage allowed by law, as described in
			 paragraph 9 of this rule.(§
								20-2A-33(f)(1),
Code of Ala. 1975
, (as amended)).
(9) Dosages of medical cannabis purchased by
			 a patient or caregiver shall be limited to the lower of the maximum daily
			 dosage recommended for the patient by the licensed certifying physician, or the
			 maximum daily dosage permitted by law under the Act and this Chapter:
(a) As to all patients, regardless of the
			 form of administration or the patient's condition or individual factors, the
			 initial maximum daily dosage recommended by the registered certifying physician
			 may be lower than, but shall not exceed, 50 mg of delta-9 THC.
(b) A registered certifying physician who
			 initially sets the maximum daily dosage at a level lower than 50 mg of delta-9
			 THC may increase the maximum daily dosage, to an amount less than or equal to
			 50 mg delta-9 THC, subject to subparagraph c., at any time upon review with the
			 patient during a follow-up visit.
(c) If 90 days have passed during which the
			 patient has been unsuccessfully treating with medical cannabis while under the
			 registered certifying physician's care, and the registered certifying physician
			 determines that a higher dosage of medical cannabis, up to 75 mg of delta-9 THC
			 is medically appropriate, a registered certifying physician may increase the
			 maximum daily dosage beyond 50 mg of delta-9 THC, but not to exceed 75 mg of
			 delta-9 THC. (§
									20-2A-33(f)(2) a.,
Code of Ala. 1975
, (as amended)).
(d) A registered certifying physician may
			 increase the maximum daily dosage beyond 75 mg of delta-9 THC at any time the
			 patient has been diagnosed with a terminal illness, but only after the
			 registered certifying physician notifies the patient that the patient's
			 driver's license will be suspended. (§
									20-2A-33(f)(2) b.,
Code of Ala. 1975
, (as amended)).
(e) A registered certifying physician may not
			 lawfully recommend the use of medical cannabis with a potency greater than
			 three percent (3%) tetrahydrocannabinol to any minor for any qualifying medical
			 condition. A minor may not legally use medical cannabis with a potency greater
			 than three percent (3%) tetrahydrocannabinol, whether or not the minor has a
			 valid medical cannabis card. The caregiver of a minor who holds a medical
			 cannabis card may not legally possess medical cannabis with a potency greater
			 than three percent {3%) tetrahydrocannabinol, unless the caregiver holds a
			 medical cannabis card based on their own qualifying medical condition or holds
			 a caregiver medical cannabis card on behalf of a patient who is not a
			 minor.