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(a) This part shall be understood and might be cited as “Carly’s legislation.”
(b) As found in this area, the next terms shall have the after definitions:
(1) Authorized by the UAB Department . Authorized by the UAB Department means Cannabidiol (CBD) happens to be recommended by a medical care practitioner employed by or with respect to the UAB Department.
(2) Cannabidiol (CBD) . 13956-29-1. A (nonpsychoactive) cannabinoid found in the plant Cannabis sativa L. or every other planning thereof that is basically free of plant product, and it has a level that is thc of a lot more than 3 %. Additionally known as (synonyms): 2-(1R,6R)-3-Methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl-5-pentyl-1,3-benzenediol; trans-(-)-2-p-mentha-1,8-dien-3-yl-5-pentylresorcinol; (-)-Cannabidiol; (-)-trans-Cannabidiol; Cannabidiol (7CI); D1(2)-tran-Cannabidiol.
(3) Debilitating condition that is epileptic . Epilepsy or any other neurological disorder, or the treating epilepsy or any other neurological disorder that, as identified by way of a board-certified neurologist underneath the work or authority for the UAB Department, creates serious, debilitating, or life-threatening seizures.
(4) UAB department . The Department of Neurology during the University of Alabama at Birmingham, its successors, or any subdivisions.
(c) In a prosecution for the illegal control of cannabis beneath the legislation with this state, it really is an affirmative and defense that is complete the prosecution that the defendant has a debilitating epileptic condition and used or possessed cannabidiol (CBD) pursuant to a prescription authorized because of the UAB Department.
(d) In a prosecution when it comes to illegal control of cannabis underneath the laws and regulations with this state, it really is an affirmative and complete protection towards the prosecution that the defendant possessed cannabidiol (CBD) because she or he is the moms and dad or caretaker of someone who includes a debilitating epileptic condition and who has got a prescription for the control and make use of of cannabidiol (CBD) as authorized because of the UAB Department, and where in fact the moms and dad or caretaker’s control for the CBD is on the part of and otherwise when it comes to prescribed man or woman’s just use.
( ag ag e) a company for this state or perhaps a subdivision that is political, including any police force agency, may well not initiate procedures to eliminate a kid through the house of a moms and dad based entirely upon the moms and dad’s or kid’s control or utilization of cannabidiol (CBD) as authorized by this area.
(f) A prescription for the control or usage of cannabidiol (CBD) as authorized by this part will be supplied solely because of the UAB Department for a debilitating condition that is epileptic. Healthcare practitioners regarding the UAB Department will be the only authorized way to obtain any prescription for the utilization of cannabidiol (CBD), and will be the only authorized supply to make use of cannabidiol (CBD) in or as an element of the treating a person clinically determined to have a debilitating condition that is epileptic. a medical care practitioner associated with the UAB Department shall have the only real authority to look for the usage or quantity of cannabidiol (CBD), if any, into the remedy for a specific identified as having a debilitating epileptic condition.
(g) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized physician, nursing assistant, attendant, or representative thereof, shall never be at the mercy of prosecution when it comes to illegal control, usage, distribution, or prescription of cannabis beneath the legislation with this state because of its tasks arising straight away from or straight pertaining to the prescription or use of cannabidiol (CBD) into the remedy for people identified as having a debilitating condition that is epileptic.
(h) The UAB Department will establish an investigation and development study purposed to determine medical uses and advantages of cannabidiol (CBD) for individuals with debilitating epileptic conditions.
(i) The UAB Department and any UAB class of Medicine affiliated pediatric training entity, including any authorized physician, nurse, attendant or agent thereof, shall not be susceptible to prosecution for the illegal possession, usage cannabis oil, or circulation of cannabis beneath the regulations of the state for the tasks arising directly away from or straight associated with the division’s research and development activities looking for medical benefits and uses of cannabidiol (CBD), so long as the prescription, treatment or usage of cannabidiol (CBD) is supplied simply to people clinically determined to have a debilitating condition that is epileptic.
(j) Pursuant into the filing demands of Rule 15.3 of this Alabama Rules of Criminal Procedure , the defendant shall make a prescription that is valid certification of the debilitating epileptic condition, plus the name associated with prescribing health care expert authorized by the UAB Department.
(k) This part is repealed July 1, 2019.
(l) absolutely absolutely Nothing in this area will be construed to permit or accommodate the prescription, testing, medical use, or control of any other as a type of Cannabis apart from that defined in this area.
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