Three weeks after a Senate committee approved a medical cannabis measure, the full Senate chamber vote passed SB 46. This would create a legal medical marijuana program for qualifying citizens. SB 46 comes a year after SB 165 also passed a full Senate chamber vote. Unfortunately, SB 165 died in the House at the beginning of the Covid-19 pandemic. It looks like Alabama medical cannabis legalization may be coming soon.

Cannabis Bills

Both SB 46 and SB 165 received sponsorship from Senator Tim Melson (R). However, SB 46 seems to be more in depth on what the state would need when it comes to medical cannabis program. It became amended to include a total of 84 pages when it passed the Senate. Now, it could get even more pages and amendments in the House. 

SB 165 breaks down different aspects of a medical marijuana program. First, there would be an 11 member Medical Cannabis Commission that would be in charge of the start-up process. Additionally, they would approve and create licenses for businesses, dispensaries, and patients. A additional nine percent sales tax would apply to all cannabis sales. 60 percent of that revenue would go to the State’s general fund. The other 30 percent would go towards medical marijuana research. 

Qualifying Conditions

There are 20 different conditions identified in SB 46 that qualify for medical cannabis. They are: 

“a. Anxiety or panic disorder
b. Autism Spectrum Disorder (ASD).
c. Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain.
d. Crohn’s Disease.
e. Epilepsy or a condition causing seizures
f. Fibromyalgia.
g. HIV/AIDS-related nausea or weight loss.
h. Menopause or premenstrual syndrome
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 (ALS).
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.”

While this list is a bit more diverse than other states, there are some concerns. Point P being the main part. It states medical cannabis can be prescribed after traditional medications or opioid trials are proven ineffective. This limits patients who now must continue to do treatments that aren’t working for them simply so doctors can document proof that their current treatment plan isn’t working. 

Limitations

The limitations of SB 165 also include the different products that patients can take. Patients can’t have raw cannabis. Additionally, they can’t smoke or vape medical cannabis or eat any infused candy or baked goods. Products can only be capsules, lozenges, oil, suppositories, or topical patches. Efficient ways of taking medical cannabis that are also cost effective involves smoking or vaping. Unfortunately, this is not allowed under SB 46. 

Because limitations are present, there is a chance that the House could block this bill from reaching the governor. But there is speculation that it will reach Governor Ivey (R) because neighboring state Mississippi saw voters approve a medical cannabis bill in the past general election. That bill is being contested in the state’s court system. There is no information on when a verdict will be made. 

Future

If Alabama’s medical cannabis bill does make it to Governor Ivey, lawmakers are also unsure if she will sign it or put the process on hold for a later date and time. The bill still needs to move to the House of Representatives for further consideration.

As more information becomes available on Alabama medical cannabis legalization, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.