(a) A registered qualified patient 19 years of age or older or registered caregiver is not subject to arrest or prosecution for unlawful possession of marijuana if he or she possesses no more than 70 daily dosages of medical cannabis and has a valid medical cannabis card.
Terms Used In Alabama Code 20-2A-7
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Arrest: Taking physical custody of a person by lawful authority.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
Probable cause: A reasonable ground for belief that the offender violated a specific law.
property: includes both real and personal property. See Alabama Code 1-1-1
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) A registered certifying physician who acts in good faith compliance with this chapter regarding the dosage established under this chapter and the applicable administrative rules established pursuant to this chapter shall be immune from civil and criminal prosecution and is not subject to arrest, prosecution, or penalty in any manner and may not be denied any right or privilege, including, but not limited to, protection from civil penalty for certifying patients under Section 20-2A-33 or for otherwise stating that, in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of medical cannabis to treat or alleviate the patient’s qualifying medical condition or symptoms associated with the qualifying medical condition, provided that nothing shall prevent the board from disciplining a physician. Nothing in this chapter shall modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section evidence admitted of medical liability insurance” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”AL”>6-5-548, or any amendment to any of these laws or judicial interpretation of these laws.(c) A licensee or any employee of that licensee is not subject to arrest or prosecution if the person is acting pursuant to this chapter and within the scope of his or her employment.(d) A hospital, medical facility, assisted living facility, or hospice program where a registered qualified patient is receiving treatment in accordance with this chapter is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege solely for providing that treatment.(e) Mere possession of, or application for, a medical cannabis card does not constitute probable cause or reasonable suspicion, nor shall it be used as the sole basis to support the search of the person, property, or home of the individual possessing or applying for the medical cannabis card. The possession of, or application for, a medical cannabis card does not preclude the existence of probable cause if probable cause exists on other grounds.(f) Nothing in this chapter shall preclude the Alabama State Law Enforcement Agency or a local law enforcement agency from searching a licensee where there is probable cause to believe that a criminal law has been violated and the search is conducted in conformity with constitutional and state law.
