After much opposition, including from 23 district attorneys, lawmakers in Alabama sent Governor Kay Ivey (R) SB 46. This bill, approved by the Senate back in February, would create the Alabama Medical Cannabis Commission. This legalizes medical cannabis in certain quantities and forms within the state. 

There was a 2-1 in favor to those opposed, which led to SB 46 being approved with a vote of 68-34 with one abstaining. The day before the vote, the few opposing lawmakers held a nearly 10 hour long filibuster to run the clock out before a vote could be taken. However the same didn’t happen on Thursday. The vote was cast and the House approved of the medical cannabis bill. 

Once it received approval, SB 46 then went back to the Senate. There were several changes made in the House, so the bill did need to be approved by the Senate to make sure that they agreed with the changes. A vote came back almost immediately with approval of 20-9. Then the bill headed to Governor Ivey’s desk.

Additional Changes

Even outside of the two committees that SB 46 went through, there were some amendments proposed that were rejected and approved. The approved amendment changed the opt out clause to an opt in clause. Opt out clauses say that all counties and cities will be included in marijuana business legalization. If a city or county disagrees, then they have to opt out of the program and declare it with the state.

As for the opt in clause, it’s the opposite of an opt out. So all counties and cities will NOT be included in the program unless they state that they want to be. There are several other states with these clauses, but it can make it difficult for patients with qualifying conditions to reach a dispensary if the county or city that they live in does not allow for cannabis businesses within certain areas. 

Amendments rejected by the full House include:

• Placing a limit of 10mg of THC per medical product
• Removing depression from the qualifying list of conditions for medical cannabis
• Exact a zero tolerance policy for drivers with THC in their systems

Governor’s Response

The governor has kept quiet about her opinion of the medical cannabis bill until it reached her desk. But she seems eager to read over the bill and hopefully sign it. 

“Well truly it’s a very emotional issue,” Governor Ivey said during a local news interview. “It was a thorough debate and yes, we will continue to review it. It helps some people but you just don’t want it to get out of control. But I hope after thoroughly reviewing it we can sign the bill.”

Previously, Governor Ivey has signed a medical cannabis study commission bill in 2019 and currently has a bill on her desk to expand expungement efforts, including misdemeanors for cannabis possession. That bill, SB 117, is still awaiting approval.

According to Alabama state law, the governor has six days to review a bill once it makes it to their desk when the legislative session is active. Within those six days, the governor can either sign the bill, veto it, or choose inaction. If they choose inaction, then the bill will become law without the governor’s signature. Because the medical cannabis bill is more limited and part of a regulated program, Governor Ivey is more likely to sign the bill. 

When or if the governor signs the bill, we will update you with the latest. Make sure to check back for more cannabis and hemp related news.