HB104 Alabama 2014 Session

Under existing law, it is a Class A misdemeanor to possess marijuana for personal use

This bill would provide a defense of necessity in a prosecution for the unlawful possession of marijuana in the second degree when the defendant has been diagnosed by a physician with having a debilitating medical condition and possesses cannabidiol (CBD) that is likely to provide therapeutic or palliative relief to the medical condition

This bill would also provide a defense of necessity in a prosecution for the unlawful possession of marijuana in the second degree when a parent or legal guardian possesses cannabidiol (CBD) on behalf of a minor who has a debilitating medical condition that has been diagnosed by a physician with whom the minor has a bona fide physician-patient relationship and was prescribed cannabidiol for the therapeutic or palliative relief from the debilitating medical condition

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to the crime of possession of marijuana in the second degree; to provide a defense of necessity in a prosecution when the defendant has been diagnosed by a physician with having a debilitating medical condition and possesses cannabidiol (CBD) that is likely to provide therapeutic or palliative relief to the medical condition; to provide a defense of necessity in a prosecution for the unlawful possession of marijuana in the second degree when a parent or legal guardian of a minor who was prescribed cannabidiol for therapeutic or palliative relief from a debilitating medical condition by a physician with whom the minor has a bona fide physician-patient relationship; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.