HB234 Alabama 2019 Session

This bill would add certain named chemical compounds of Tianeptine to Schedule II of the controlled substances list. Possession, distribution, and trafficking of these compounds would be deemed unlawful and violators would be subject to criminal penalties for distribution

Placing Tianeptine on Schedule II would allow for future legal possession and use by medical prescription if Tianeptine ever were to be approved for human medical use by the FDA

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

To amend Section 20-2-25, Code of Alabama 1975, relating to Schedule II of the controlled substances list, to include additional controlled substances; and in connection therewith would have as its purpose of 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.