Just days after SB 46 came across her desk, Alabama Governor Kay Ivey (R) is already considering an amendment to the medical cannabis bill. While she hasn’t said if she will make this change, her Chief of Staff Jo Bonner spoke with representatives and Senators about concerns or possible amendments they wanted Governor Ivey to consider.
Former State Representative Paul DeMarco (R), who now sits as the Jefferson County Republican Party Chairman, spoke first. The amendment he proposed Governor Ivey to consider would be a zero tolerance policy for driving. If a person tests positive for THC in their system while driving, the driver automatically becomes ‘impaired’. Senator David Faulkner (R) spoke up about the same amendment.
This zero tolerance policy amendment received consideration in the full House chamber first. However it received rejection from a majority of the House.
Amendment Opposition
However, the Alabama Cannabis Industry Association President Chey Garrigan opposes to this potential amendment. “Driving while impaired is never good,” said President Garrigan in a recent interview. “But a zero tolerance standard is unrealistic and not based on science. A driver under the influence of alcohol is deemed impaired at a threshold of a blood alcohol concentration of .08 grams per deciliter or higher. The law understands the science. A casual user can have some alcohol content in their system and not be impaired. The same is true of marijuana.”
Currently, both Washington and Colorado states have bills that set limits to THC in the system for impairment. The limit is five nanograms before a person becomes impaired by cannabis. And that’s what the research available recommends. It’s what President Garrigan would like Alabama to accept as well instead of a zero tolerance policy. This would create unrealistic measures on citizens and severely hinder the general public from using this medicine.
Legalization Opposition
There are still several lawmakers and high ranking members of the Alabama state government who oppose the medical cannabis legalization bill. 23 District Attorneys wrote a letter prior to the bill’s vote, urging them to oppose the medical cannabis bill. Now, the state’s Attorney General, Steve Marshall (R) has expressed his opinion. He has opposed SB 46 since it first made its way into the Senate for debate.
“We’ve been very vocal in our opposition to this bill from the very beginning,” Attorney General Marshall said when SB 46 passed the House. “I think if you look at the totality of the circumstances in which someone is eligible to receive this, it’s far broader than the research suggests and obviously there’s a concern when you’re a law enforcement officer and something is illegal, that means it’s illegal. We think there is a complete inconsistency in how many states have dealt with this, not just Alabama and what it means to federal law.”
Future
Governor Ivey herself has not made any statements about how she feels about the medical cannabis bill. Her office has stated she will “thoroughly review it” and consider it for her people. The legislative session ends this upcoming Monday May 17th. So the governor has until then to sign, veto, or suggest amendments and send it back to congress for discussion.
As more news develops, we will update you with the latest. Make sure to check back for more cannabis and hemp related news.