Ala. Admin. Code r. 538-X-2-.03
Current through Register Vol. 42, No. 10, July 31, 2024
Section 538-X-2-.03 - Requisite Conditions To Qualify As A Registered Qualified Patient(1) Before medical cannabis may be dispensed to, possessed by, or administered to a prospective patient and, if applicable, the prospective patient's caregiver, the patient and caregiver, must be placed on the patient registry established by the Commission in accordance with the Act and this Chapter.(2) A registered qualified patient 19 years of age or older or a registered caregiver acting on behalf of a registered qualified patient is not subject to arrest or prosecution for unlawful possession of marijuana, if (a) possessing no more than 70 daily dosages of medical cannabis for such registered qualified patient, and (b) having a valid medical cannabis card.(3) Adult Patients (a) A resident of this state who is 19 years of age or older is a registered qualified patient if meeting all of the following conditions:1. Has been certified by a registered certifying physician as having a qualifying medical condition and has been recommended for the use of medical cannabis by a registered certifying physician.2. Is registered with the Commission, having been placed on the patient registry established by the Commission in accordance with the Act and this Chapter.3. Has been issued a valid medical cannabis card by the Commission.(b) Upon meeting the foregoing conditions, such registered qualified patient may purchase, possess and use medical cannabis, subject to the limitations of § 20-2A-30(d), Code of Ala. 1975, (as amended), relating to maximum medical dosage.(4) Minor Patients(a) A resident of this state who is under the age of 19 years is a registered qualified patient if meeting all of the following conditions: 1. Has been certified by a registered certifying physician as having a qualifying medical condition and has been recommended to use medical cannabis by the registered certifying physician.2. Is registered with the Commission, having been placed on the patient registry established by the Commission in accordance with the Act and this Chapter.3. Has a qualified caregiver who is (A) the patient's parent, legal guardian, grandparent, spouse, authorized professional caregiver, or an individual with a valid power of attorney for healthcare of the minor; (B) a resident of this state; and (C) possesses a valid caregiver's medical cannabis card issued by the Commission.(b) Upon meeting the foregoing conditions, such minor patient may use medical cannabis obtained by a caregiver on behalf of the minor patient, but the minor patient may not purchase or possess medical cannabis. Notwithstanding the foregoing, a minor patient may not legally use medical cannabis with a potency greater than three percent (3%) tetrahydrocannabinol.Ala. Admin. Code r. 538-X-2-.03
Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.Author: William H. Webster
Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.