Ala. Code § 20-2A-3

Current through the 2024 Regular Session.

Section 20-2A-3 - Definitions

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

(1) APPLICANT. The entity or individual seeking a license under Article 4.

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

(3) CANNABIS.

a. Except as provided in paragraph b., all parts of any plant of the genus cannabis, whether growing or not, including-the seeds, extractions of any kind from any part of the plant, and every compound, derivative, mixture, product, or preparation of the plant.

b. The term does not include industrial hemp or hemp regulated under Article 11 of Chapter 8 of Title 2.

(4) COMMISSION. The Alabama Medical Cannabis Commission created pursuant to Section 20-2A-20.

(5) CULTIVATOR. An entity licensed by the commission under Section 20-2A-62 authorized to grow cannabis pursuant to Article 4.

(6) DAILY DOSAGE. The total amount of one or more cannabis derivatives, including, but not limited to, cannabidiol and tetrahydrocannabinol, which may be present in a medical cannabis product that may be ingested by a registered qualified patient during a 24-hour period, as determined by a registered certifying physician.

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

(8) DISPENSARY. An entity licensed by the commission under Section 20-2A-64 authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to Article 4.

(9) DISPENSING SITE. A site operated by a dispensary licensee or an integrated facility licensee pursuant to Article 4.

(10) ECONOMIC INTEREST. The rights to either the capital or profit interests of an applicant or licensee or, if the applicant or licensee is a corporation, the rights to some portion of all classes of outstanding stock in the corporation.

(11) FACILITY or MEDICAL CANNABIS FACILITY. Any facility, or land associated with a facility, of a licensee.

(12) INTEGRATED FACILITY. An entity licensed under Section 20-2A-67 authorized to perform the functions of a cultivator, processor, secure transporter, and dispensary pursuant to Article 4.

(13) LICENSEE. A cultivator, processor, secure transporter, state testing laboratory, dispensary, or integrated facility licensed by the commission under Article 4.

(14) MEDICAL CANNABIS.

a. A medical grade product in the form of any of the following, as determined by rule by the commission, that contains a derivative of cannabis for medical use by a registered qualified patient pursuant to this chapter:

1. Oral tablet, capsule, or tincture.

2. Non-sugarcoated gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape.

3. Gel, oil, cream, or other topical preparation.

4. Suppository.

5. Transdermal patch.

6. Nebulizer.

7. Liquid or oil for administration using an inhaler.

b. The term does not include any of the following:

1. Raw plant material.

2. Any product administered by smoking, combustion, or vaping.

3. A food product that has medical cannabis baked, mixed, or otherwise infused into the product, such as cookies or candies.

(15) MEDICAL CANNABIS CARD. A valid card issued pursuant to Section 20-2A-36.

(16) MEDICAL USE or USE OF MEDICAL CANNABIS or USE MEDICAL CANNABIS. The acquisition, possession, use, delivery, transfer, or administration of medical cannabis authorized by this chapter. The term does not include possession, use, or administration of cannabis that was not purchased or acquired from a licensed dispensary.

(17) PACKAGE. Any container that a processor may use for enclosing and containing medical cannabis. The term does not include any carry-out bag or other similar container.

(18) PATIENT REGISTRY. The Alabama Medical Cannabis Patient Registry System that is an electronic integrated system that tracks physician certifications, patient registrations, medical cannabis cards, the daily dosage and type of medical cannabis recommended to qualified-patients by registered certifying physicians, and the dates of sale, amounts, and types of medical cannabis that were purchased by registered qualified patients at licensed dispensaries.

(19) PHYSICIAN CERTIFICATION. A registered certifying physician's authorization for a registered qualified patient to use medical cannabis.

(20) PROCESSOR. An entity licensed by the commission under Section 20-2A-63 authorized to purchase cannabis from a cultivator and extract derivatives from the cannabis to produce a medical cannabis product or products for sale and transfer in packaged and labeled form to a dispensing site pursuant to Article 4.

(21) QUALIFYING MEDICAL CONDITION. Any of the following conditions or symptoms of conditions, but only after documentation indicates that conventional medical treatment or therapy has failed unless current medical treatment indicates that use of medical cannabis is the standard of care:

a. Autism Spectrum Disorder (ASD).

b. Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain.

c. Crohn's Disease.

d. Depression.

e. Epilepsy or a condition causing seizures.

f. HIV/AIDS-related nausea or weight loss.

g. Panic disorder.

h. Parkinson's disease.

i. Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome.

j. Post Traumatic Stress Disorder (PTSD).

k. Sickle Cell Anemia.

l. Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis.

m. Spasticity associated with Multiple Sclerosis or a spinal cord injury.

n. A terminal illness.

o. Tourette's Syndrome.

p. A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.

(22) REGISTERED CAREGIVER. An individual who meets the requirements described in subsection (c) of Section 20-2A-30 and is authorized to acquire and possess medical cannabis and to assist one or more registered qualified patients with the-use of medical cannabis pursuant to this chapter.

(23) REGISTERED CERTIFYING PHYSICIAN. A physician authorized by the State Board of Medical Examiners to certify patients for the use of medical cannabis under this chapter.

(24) REGISTERED QUALIFIED PATIENT. Either of the following:

a. An adult who meets the requirements described in subsection (a) of Section 20-2A-30 and is authorized to acquire, possess, and use medical cannabis pursuant to this chapter.

b. A minor who meets the requirements described in subsection (b) of Section 20-2A-30 and is authorized to use medical cannabis pursuant to this chapter with the assistance of a registered caregiver.

(25) SECURE TRANSPORTER. An entity licensed by the commission under Section 20-2A-65 authorized to transport cannabis or medical cannabis from one licensed facility or site to another licensed facility or site.

(26) STATE TESTING LABORATORY. An entity licensed under Section 20-2A-66 authorized to test cannabis and medical cannabis to ensure the product meets safety qualifications required under this chapter.

(27) STATEWIDE SEED-TO-SALE TRACKING SYSTEM. The tracking system established pursuant to Section 20-2A-54 that tracks all cannabis and medical cannabis in the state.

(28) UNIVERSAL STATE SYMBOL. The image established by the commission pursuant to Section 20-2A-53 made available to processors which indicates the package contains medical cannabis.

Ala. Code § 20-2A-3 (1975)

Amended by Act 2024-342,§ 1, eff. 6/1/2024.

Added by Act 2021-450,§ 1, eff. 5/17/2021.