Section 20-2A-20 - Creation; composition; qualifications; compensation; meetings; officers and employees(a) The Alabama Medical Cannabis Commission is established. The commission shall consist of the following members, with initial members appointed not later than July 1, 2021: (1) Three members appointed by the Governor, one of whom is a physician licensed to practice medicine in this state; one of whom is a licensed pharmacist; and one of whom has experience in agricultural lending or banking. Initial terms shall be four, three, and two years, respectively.(2) Three members appointed by the Lieutenant Governor, one of whom is a physician licensed to practice medicine in this state certified in the specialty of pediatrics; one of whom is licensed to practice law in this state who specializes in health law; and one of whom is a biochemist. Initial terms shall be one, four, and three years, respectively.(3) Two members appointed by the President Pro Tempore of the Senate, one of whom is a physician licensed to practice medicine in this state certified in the specialty of oncology; and one of whom has experience in multiple crop development and agricultural practices. Initial terms shall be two and one years, respectively.(4) Two members appointed by the Speaker of the House of Representative, one of whom has a background and experience in mental health or substance abuse counselling and treatment; and one of whom has professional experience in agricultural systems management. Initial terms shall be four and three years, respectively.(5) One member appointed by the Commissioner of Agriculture and Industries who is experienced in agricultural production or agronomic or other horticultural practices. The initial term shall be two years.(6) One member appointed by the State Health Officer. The initial term shall be four years.(7) One member appointed by the Attorney General, who shall be a nonvoting advisory member. The initial term shall be three years.(8) One member appointed by the Secretary of the Alabama State Law Enforcement Agency, who shall be a nonvoting advisory member. The initial term shall be one year.(b) Each commission member appointed to the commission is subject to confirmation by the Senate during the legislative session in which the appointment is made or, if the appointment is made when the Legislature is not in session, during the next special or regular session. An appointee may serve in the position pending confirmation by the Senate. Each member of the committee shall serve after the expiration of his or her term until his or her successor is appointed.(c) A member may not be an owner, shareholder, director, board member, or otherwise have an economic interest in an applicant or license issued under Article 4. Any current public official, candidate for public office, current public employee, or registered lobbyist may not serve as a member.(d) Members must be at least 30 years of age and residents of this state for at least five continuous years immediately preceding their appointment. The appointing officers shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.(e) After initial appointments, each member shall serve a term of four years, but may be reappointed for one additional term. If at any time there is a vacancy, a successor member shall be appointed by the respective appointing officer to serve for the remainder of the term. Members may be removed for cause by the appointing authority.(f) The commission shall elect from the membership one member to serve as chair and one member to serve as vice-chair.(g) While serving on business of the commission, members who are not public officials or public employees shall be entitled to a per diem of five hundred dollars ($500) per day, as well as actual travel expenses incurred in the performance of duties as a member, as other state employees are paid, when approved by the chair.(h) The commission shall meet at least six times per year and hold other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. A majority of voting members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power, or function of the commission, and the concurrence of a majority of those present and voting in any matter within its duties is required for a determination of matters within its jurisdiction. A special meeting may be called by the chair, or upon the written request of two or more members. All members shall be duly notified by the commission director of the time and place of any regular or special meeting at least thirty days in advance of any meeting. Members may participate by telephone, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participating by such means shall constitute presence in person at a meeting for all purposes. The chair shall be responsible for setting and keeping a meeting schedule that ensures the commission meets the requirements of this chapter. A member who misses more than two meetings in one calendar year shall be subject to removal by his or her appointing authority.(i)(1) The commission may employ a director to serve at the pleasure of the commission. The director's salary shall be fixed by the commission and shall not be subject to Section 36-6-6. The director shall be at least 30 years of age and have been a citizen and resident of this state for at least five years prior to employment. The director is the chief administrative officer of the commission, and all personnel employed by the commission shall be under the director's direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and responsible for the performance of all duties and functions delegated by the commission.(2) The director shall maintain all records of the commission and also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission. A copy of the record of the minutes and business transacted and decisions rendered shall be kept on file at the commission's main office and shall be available for public inspection.(3) If the director is licensed to practice law in this state, he or she shall act and serve as hearing officer when designated by the commission and shall perform such duties as the regular hearing officer.(j) The commission may employ an assistant director who shall perform all duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act, and serve as a hearing officer, and when designated as a hearing officer, the assistant director may perform the same duties and functions as the regular hearing officer.(k) Each member of the commission shall be entitled to the immunity provided by Section 36-1-12.(l) In any action or suit brought against the members of the commission in their official capacity in a court of competent jurisdiction, to review any decision or order issued by the commission, service of process issued against the commission may be lawfully served or accepted by the director on behalf of the commission as though the members of the commission were personally served with process.(m) The commission may employ additional officers, including an inspection officer. The director, assistant director, and any other officer or employee shall be reimbursed for actual travel expenses as other state employees are paid, when approved by the chair.(n) The commission shall retain legal counsel familiar with the requirements of this chapter and medical cannabis licensing and best practices in other states in order to assist the commission and staff with establishing a functional program and achieving compliance with applicable laws.(o) All employees of the commission shall not be subject to the state Merit System Act.(p) The commission shall be subject to the Alabama Administrative Procedure Act.Ala. Code § 20-2A-20 (1975)
Added by Act 2021-450,§ 1, eff. 5/17/2021.