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title-20•Title 20 — Food, Drugs and Cosmetics
This chapter may be cited as the “Alabama Safe Foods Act of 2000.”
The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this chapter. The administrative and enforcement provisions of Title 2 of this code shall, unless inapplicable by their nature, apply to the administration and enforcement of this chapter.
(Acts 1943, No. 501, p. 475, §4; Acts 1947, No. 134, p. 42, §8; Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1965, No. 857, p. 1600, §5; Act 2000-320, p. 505, §1.)
The State Board of Agriculture and Industries is authorized to adopt and promulgate such rules and regulations as are reasonable and necessary to the accomplishment of the purposes of this chapter and to make effective its provisions.
(Ag. Code 1927, §36; Code 1940, T. 2, §303; Acts 1947, No. 134, p. 42, §8; Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1965, No. 857, p. 1600, §5.)
The Commissioner of Agriculture and Industries and officers and employees under his supervision or direction shall have authority to enter and inspect any premises or vehicle where any food, drug, or cosmetic regulated by this chapter is manufactured, harvested, processed, compounded, refined, packed, packaged, stored, sold, or transported, and all equipment, containers, and materials therein, to collect samples for analysis and to conduct examinations and investigations of records of production, purchases, and sales for the purpose of enforcement of this chapter.
(Acts 1943, No. 500, p. 470, §7; Acts 1943, No. 501, p. 475, §4; Acts 1953, No. 815, p. 1097.)
Any food, drug, or cosmetic regulated by this chapter which is found to be manufactured, processed, compounded, refined, packed, packaged, stored, sold, or transported in violation of this chapter shall be subject to suspension from sale, seizure, and condemnation in the manner provided in Article 2 of Chapter 2 of Title 2 of this Code.
(Acts 1953, No. 91, p. 134, §8; Acts 1953, No. 475, p. 591, §8; Acts 1963, No. 534, p. 1146; Acts 1965, No. 857, p. 1600, §5.)
Any person who violates any of the provisions of this chapter or any order, rule, or regulation made or promulgated under authority of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) for each offense; provided, however, that any violation of Section 20-1-27(3) or (4) involving 200 units or more of beverage products shall be punishable by a fine not exceeding five thousand dollars ($5,000). For purposes of this section, the term unit shall mean a single, discreet beverage package, or container.
(Code 1907, §7082; Acts 1915, No. 467, p. 489; Code 1923, §4437; Code 1940, T. 2, §313; Acts 1943, No. 500, p. 470, §8; Acts 1943, No. 501, p. 475, §4; Acts 1947, No. 134, p. 42, §5; Acts 1953, No. 91, p. 134, §10; Acts 1953, No. 475, p. 591, §10; Acts 1953, No. 815, p. 1097; Acts 1955, No. 228, p. 537; Acts 1963, No. 534, p. 1146; Acts 1965, No. 857, p. 1600, §4; Act 2012-472, p. 1302, §1.)
(a) When used in this section, the words and terms defined in this subsection shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated:
(1) CANNED FOOD. Any food commercially processed and prepared for human consumption;
(2) PERISHABLE FOOD. Any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.
(b) All laws to the contrary notwithstanding, a good faith donor of canned or perishable food, which is apparently fit for human consumption at the time it is donated, to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such donor.
(c) All laws to the contrary notwithstanding, a bona fide charitable or nonprofit organization which in good faith receives and distributes food, which is apparently fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of such organization.
(d) The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions. Provided, however, that nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
(Acts 1981, 1st Ex. Sess., No. 81-976, p. 157, §§1-4.)
(a) The subject matter of the regulation of nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by an act of the Legislature of statewide application enacted after June 9, 2011.
(b) This section shall not be interpreted as affecting in any manner the regulation of the nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §343(q)(5)(H).
(Act 2011-548, p. 1009, §1.)
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to the food product or the drug product in question.
(2) BABY FOOD. A food which purports to be or is represented for special dietary use as a food for babies by reason of its special formulation or its particular suitability for children under two years of age.
(3) BOARD. The State Board of Agriculture and Industries.
(4) CLASS A FOODS. Baby food, infant formula, and potentially hazardous food.
(5) COMMISSIONER. The Commissioner of Agriculture and Industries.
(6) DEALER. A manufacturer, wholesaler, retailer, jobber, and similar establishments, mobile or permanent, engaged in the sale of food for consumption on premises.
(7) DEPARTMENT. The Department of Agriculture and Industries.
(8) DRUG. All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals.
(9) FOOD. All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals.
(10) FOOD SALES ESTABLISHMENT. Retail and wholesale stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises.
(11) INFANT FORMULA. A food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(12) LABEL. A display of written, printed, or graphic matter upon the immediate container of any article.
(13) MISBRANDED. Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced.
(14) OPEN-DATE STATEMENT. The terms “Sell By”; “Freeze By”; “Sell or Freeze By”; “Not to be Sold After”; “Best if Used By”; “Expiration”; or other terms as defined by rules or regulations; or a date without additional words shall be considered an open-date statement.
(15) OUT-OF-DATE. Any article with a label containing an open-date statement with a date affixed thereto which has passed.
(16) PERSON. An individual, partnership, corporation, or association or any combination thereof.
(17) POTENTIALLY HAZARDOUS FOOD. A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum or the growth of Salmonella Enteritidis. The term does not include foods which have a pH level 1 of 4.6 or below; or a water activity (a sub w) of 0.85 or less; or food products in hermetically sealed containers processed to achieve and maintain commercial sterility under unrefrigerated conditions. The foregoing notwithstanding, the board may by rule adopt the definition for “Potentially Hazardous Food” set out in subparagraph 1-201.10 (B)(61), Food Code, 1999 Recommendations of the United States Public Health Service, Food and Drug Administration, National Technical Information Service Publication, PB99-115929.
(18) STANDARD OF PURITY OR QUALITY. The standards of purity for food products promulgated by the State Board of Agriculture and Industries and by statutes of this state.
(Ag. Code 1927, §§38, 41; Code 1940, T. 2, §§305, 308; Act 2000-320, p. 505, §1.)
(a) The purpose of this division is to prevent the manufacture, possession, sale, or delivery of out-of-date Class A foods and adulterated or misbranded food and drugs.
(b) The State Board of Agriculture and Industries shall have the power and authority and it shall be its duty to fix the standards of purity for all food and drug products which shall be, so far as practical, in accordance with the standards promulgated by the federal government through its duly authorized agents.
(c) The provisions of this chapter regarding the sale of any article shall be considered to include the manufacture, production, packaging, offer, offer for transportation, transportation, exposure, possession, and holding of any such article and the supplying or applying of any such article in the conduct of any food establishment.
(Ag. Code 1927, §36; Code 1940, T. 2, §303; Act 2000-320, p. 505, §1.)
An article shall be deemed adulterated in the case of food:
(1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength;
(2) If any substance has been substituted wholly or in part for the article;
(3) If any valuable constituent of the article has been wholly or in part abstracted;
(4) If it is mixed, colored, powdered, coated, stained, or otherwise treated in a manner whereby damage or inferiority is concealed or in a manner whereby the appearance of said article is improved; provided, that this subdivision shall not apply to the precoloring or processing of fruits where such precoloring or processing does not conceal damage or inferiority;
(5) If it contains any poisonous or deleterious ingredient which may render such article injurious to health;
(6) If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or of one that has died otherwise than by slaughter;
(7) If, in the course of its preparation or manufacture, an ingredient of inferior food value has been substituted in whole or in part for an ingredient of greater food value; or
(8) If it does not conform to the standard of purity or quality established for the article; provided, that when in the preparation of food products for shipment they are preserved by an external application applied in such a manner that the preservative is necessarily removed mechanically or by maceration in water or otherwise, and directions for the removal of said preservative shall be printed on the covering of the package, the provisions of this division shall be construed as applying only when said products are ready for consumption.
(Ag. Code 1927, §39; Code 1940, T. 2, §306.)
In the case of confectionery, it shall be deemed adulterated if it contains terra alba, barytes, talc, chrome yellow, burnt umber, or other mineral substance or poisonous coloring or flavoring or other ingredients detrimental to health or any vinous, malt, or spirituous liquor or compound or narcotic drug.
(Acts 1909, No. 190, p. 237; Code 1923, §4402; Code 1940, T. 2, §312.)
An article shall be deemed adulterated in the case of drugs:
(1) If, when a drug is sold under or by a name recognized in the United States pharmacopoeia or national formulary, if differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States pharmacopoeia or national formulary, official at the time of investigation;
(2) If, when an article not recognized by the United States pharmacopoeia or national formulary, its strength or purity falls below the professed standard or quality under which it is sold; or
(3) If its strength or purity falls below the standard of quality provided by the rules and regulations of the State Board of Agriculture and Industries.
(Ag. Code 1927, §40; Code 1940, T. 2, §307.)
An article of food shall be deemed misbranded in the following cases:
(1) If it is offered for sale under the name of another article;
(2) If it is labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package;
(3) If, in package form, the name of the article together with the quantity of the contents in terms of weight, measure, or numerical count and the name and principal address of the manufacturer or other person responsible for placing the article on the market are not plainly and conspicuously marked on the outside of the package;
(4) If, in package form, the package is not filled with the food it purports to contain within the limits of tolerance fixed by the State Board of Agriculture and Industries, irrespective of whether the quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count;
(5) If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular;
(6) If, in bulk, it is colored so as to deceive or mislead the purchaser;
(7) If it is offered for sale under false representations;
(8) If it is an imitation of another article and is not marked with the word “imitation,” followed, without intervening descriptive matter, by a list of the ingredients contained therein;
(9) If it is a compound for which no standard of purity or quality has been established, and it is not labeled with the word “compound” followed, without intervening descriptive matter, by a list of the ingredients; provided, that in the case of a compound which may be now or from time to time hereafter known as an article of food under its own distinctive name and which is not an imitation of or offered for sale under the name of another article, it shall not be deemed to be misbranded if the name of the article is accompanied on the same label or brand with a statement of the place where such article was manufactured or produced; or
(10) If the package, label, or brand fails to give the ingredients or substances by their common names.
(Ag. Code 1927, §42; Code 1940, T. 2, §309.)
A drug shall be deemed misbranded in the following cases:
(1) If it is an imitation of or offered for sale under the name of another article;
(2) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement of the net contents on the label of the quantity or proportion of any alcohol or any narcotic or habit-forming drug, together with a statement that such drug is narcotic or habit-forming, as the case may be; or
(3) If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or of any of the ingredients or substances contained therein which is false or fraudulent.
(Ag. Code 1927, §43; Code 1940, T. 2, §310.)
No person shall engage in any of the following activities within this state:
(1) Manufacture for sale herein, have in his or her possession with intent to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is adulterated or misbranded within the meaning of this division.
(2) Sell or offer for sale out-of-date Class A foods which include baby food, infant formula, and potentially hazardous food.
(3)a. Obscure, remove, or otherwise render illegible any information appearing on beverage labels, packages, or containers related to production information, best before dates, or other disclosure printed on, affixed to, or appearing on the labels, packages, or containers.
b. This subdivision shall not apply to any alteration of a beverage label, package, or container made by, or at the direction of, either the owner of the trademark rights to the brand that appears on the beverage label, package, or container or an authorized manufacturer of the beverage.
c. This subdivision shall not apply to alcoholic beverages as defined in Section 28-3-1.
d. This subdivision shall not apply to any entity, organization, or association, including, but not limited to, a nonprofit or other fund-raising organization that does not operate for a commercial purpose.
(4)a. Store or transport any beverage product that bears a labeling that has been obscured, removed, or rendered illegible as described in subdivision (3).
b. This subdivision shall not apply to any alteration of a beverage label, package, or container made by, or at the direction of, either the owner of the trademark rights to the brand that appears on the beverage label, package, or container or an authorized manufacturer of the beverage.
c. This subdivision shall not apply to alcoholic beverages as defined in Section 28-3-1.
d. This subdivision shall not apply to any entity, organization, or association, including, but not limited to, a nonprofit or other fund-raising organization that does not operate for a commercial purpose.
(Ag. Code 1927, §37; Code 1940, T. 2, §304; Act 2000-320, p. 505, §1; Act 2012-472, p. 1302, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7082; Acts 1915, No. 467, p. 489; Code 1923, §4437; Code 1940, T. 2, §313; Acts 1955, No. 228, p. 537.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Ag. Code 1927, §313; Code 1940, T. 2, §315.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1963, No. 534, p. 1146.)
(a) The having in possession by any person, firm, or corporation who manufactures or exposes for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within the meaning of this division shall be prima facie evidence of having in possession with intent to sell in violation of its provisions; except, that any manufacturer, wholesaler, or jobber may keep properly identified goods which might otherwise be in violation of the provisions of this division specially set apart in his stock for sale in other states. Out-of-date foods shall be stored in an area such that out-of-date Class A foods are not offered for sale to the public and shall be clearly marked “Not to be sold.” If not so identified and segregated, there shall be a rebuttable presumption that the food is in possession with intent to sell in violation of the provisions of this chapter.
(b) No provision of this section shall be construed to allow the storage or transportation of any food which is otherwise required by law to be destroyed or otherwise rendered unusable except for the purpose of such destruction or rendering unusable.
(Acts 1919, No. 708, p. 1031; Code 1923, §4396; Code 1940, T. 2, §314; Act 2000-320, p. 505, §1.)
No dealer shall be prosecuted under the provisions of this division when the dealer can establish a bona fide guarantee signed by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or she purchased such articles that they are not adulterated or misbranded within the meaning of this division, designating it and that he or she has no knowledge of such adulteration or misbranding at the time they were purchased by that dealer. Such guarantee shall contain the name and address of the vendor who shall be amenable to the prosecutions, fines, and other penalties to which the purchaser would otherwise be amenable. Provided, however, there shall be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date food products by the dealer. There shall be no exemption from prosecution with regard to the sale or the offer for sale of food products that have become out-of-date, adulterated, or misbranded after purchase by the dealer.
(Ag. Code 1927, §45; Code 1940, T. 2, §311; Act 2000-320, p. 505, §1.)
(a) No person shall operate a food sales establishment within this state which sells baby food, infant formula, or potentially hazardous food without a food safety permit except those persons who operate any of the following establishments:
(1) A meat processing establishment which currently has a grant of inspection from the commissioner.
(2) A meat processing establishment which currently has a grant of inspection from the United States Department of Agriculture.
(3) A food service establishment required to obtain a food service permit through the Alabama Department of Public Health except those operated in conjunction with a food sales establishment otherwise requiring a permit.
(b) Application shall be made to the department each year for a food safety permit on forms requiring information to be submitted and at the times required by the department.
(c) Each application shall be accompanied by a food safety permit fee in the amount of fifty dollars ($50) for each food sales establishment for which a food safety permit is required and the fee shall be nonrefundable and shall not be prorated and shall be renewed annually by the payment of the required fee on a date established by the board.
(d) The department shall receive and review each completed application for a food safety permit. The department shall issue a food safety permit for each establishment requested if the application is complete, the fee is tendered, and the establishment is in compliance with rules and regulations promulgated hereunder. A food safety permit may not be transferred from one food sales establishment to another. Whenever a food sales establishment is sold, the new owner must apply for a new food safety permit.
(e) The department may deny issuance or renewal of, or it may suspend or revoke a permit issued for, flagrant, serious, or continued violations of provisions of this chapter or rules or regulations promulgated hereunder after a due process hearing before a hearing officer. The hearing officer shall make a full report to the department with his or her recommendation for action within 14 days after the hearing. The official decision of the department shall be rendered within 30 days of receipt of the hearing officer’s report. Appeals from the department’s decision shall be made in a timely manner in accordance with the rules for contested cases under the Alabama Administrative Procedure Act, Section 41-22-12, et seq. Judicial review shall be by trial de novo in circuit court in accordance with provisions of the Alabama Administrative Procedure Act, Section 41-22-20(j).
(f) The department may institute a civil action in any circuit court in the State of Alabama to enforce the provisions of this article. Any person required to have a food safety permit who operates without a valid food safety permit may be enjoined from the operation by the circuit court without prior resort to criminal remedies.
(g) All fees collected by the department under this section shall accrue to the Agriculture Fund and shall be appropriated by the Legislature as provided by law.
(Act 2000-320, p. 505, §2.)
(a) Notwithstanding the existence of any criminal penalty imposed for violations of this chapter and the rules and regulations promulgated hereunder, the department may, after a hearing thereon, impose a civil penalty for violation of this chapter or any rules or regulations promulgated hereunder regarding out-of-date Class A foods, or misbranded or adulterated food, in accordance with the classes provided in subsection (d) below.
(b) Any one offense, and all incidents or violations committed by a person, firm, association, or corporation, arising from the same transaction, shall constitute but one offense.
(c) The board shall by duly adopted rules or regulations, provide maximum penalty amounts to be imposed with regard to out-of-date Class A foods, or misbranded and adulterated food as provided below.
(d) After a public hearing thereon, the board shall, by duly adopted rules or regulations, establish five classes of violations with regard to misbranded and adulterated food.
(1) Class I violations shall be limited to minor or inadvertent violations involving small amounts of out-of-date Class A foods found for which no penalty shall be assessed but a written warning may be given by the department.
(2) Class II violations shall be limited to significant amounts of out-of-date Class A foods or such articles which have been out-of-date for significant periods of time. Penalties for Class II violations shall not exceed one hundred dollars ($100).
(3) Class III violations shall be limited to significant amounts of out-of-date Class A foods or significant amounts of such articles which have been out-of-date for significant periods of time; violations in multiple classes; and/or subsequent Class II violations within one year following a previous Class II violation. Penalties for Class III violations shall not exceed one thousand dollars ($1,000).
(4) Class IV violations shall be limited to food deemed misbranded under Section 20-1-25; large amounts of out-of-date Class A foods or significant amounts of such articles which have been out-of-date for extended periods of time; violations in multiple classes; and/or subsequent Class III violations within one year following a previous Class III violation. Penalties for Class IV violations shall not exceed five thousand dollars ($5,000).
(5) Class V violations shall be limited to food deemed adulterated under Section 20-1-22, and/or subsequent Class IV violations. Provided, however, to sustain a penalty under this subdivision, with regard to out-of-date Class A foods, there must be a showing by a preponderance of evidence that there were large amounts of out-of-date Class A foods found, or that significant amounts of such articles found had been out-of-date for extended periods of time and that the violations were willful, knowing, or intentional. Penalties for Class V violations shall not exceed a maximum penalty amount of ten thousand dollars ($10,000) and may include the revocation of the person’s food safety permit.
(e) The board shall by duly adopted rules or regulations establish a list of items included in the definition of “potentially hazardous foods.” The board shall also by duly adopted rules or regulations provide for detailed definitions of the above referenced classes of violations which shall include definitions of the terms “minor or inadvertent violations,” “small amounts,” “significant amounts,” “significant periods of time,” “large amounts,” “extended periods of time,” and similar terms.
(f) The failure of any person, firm, association, or corporation to pay an assessed penalty in a timely manner, as defined by duly adopted rules or regulations of the board, shall constitute grounds for the revocation of any food safety permit issued under this chapter. Such revocation shall be made pursuant to a due process hearing before a hearing officer and in the same manner as provided for suspension and revocation of permits under the provisions of Section 20-1-33(e).
(g) Under this section, appeals from an assessment of any penalty levied shall be made in a timely manner in accordance with the rules for contested cases under the Alabama Administrative Procedure Act, Section 41-22-12, et seq. Judicial review may be taken in circuit court in accordance with the provisions of the Alabama Administrative Procedure Act, Section 41-22-20, et seq.
The foregoing notwithstanding, in cases involving Class IV or Class V violations or permit revocations thereunder, judicial review shall be by trial de novo in circuit court in accordance with the provisions of the Alabama Administrative Procedure Act, Section 41-22-20 (j).
(h) All moneys received from the assessment of any penalty under this section shall accrue to the General Fund and shall be appropriated by the Legislature as provided by law.
(Act 2000-320, p. 505, §2.)
There is hereby created the Food Safety Advisory Committee to provide recommendations to the State Board of Agriculture and Industries concerning the promulgation of rules and regulations related to the establishment and definition of class violations under Section 20-1-34, and other definitions required under Section 20-1-34 (d)(5). The committee shall consist of six members to be appointed by the president of each of the following organizations: The Alabama Retail Association, the Alabama Chapter of the National Federation of Independent Businesses, the Business Council of Alabama, the Alabama Grocer’s Association, the Alabama Association of Convenience Stores, and the Alabama Vending Association.
(Act 2000-320, p. 505, §3.)
Nothing in Act 2000-320 shall prohibit the donation of any food by any food sales establishment, food manufacturer, or food distributor to an organization defined under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Nor shall the provisions of Act 2000-320 prohibit the sale, donation, or other distribution of any food by a Section 501(c)(3) organization to a 501(c) organization. Any provision of law to the contrary notwithstanding, the term food as used in this section shall not include an out-of-date Class A food or an adulterated food as defined by law.
(Act 2000-320, p. 505, §4.)
The provisions of Act 2000-320 are cumulative and supplemental to and in furtherance of any statutory or common law or other legal right, duty, power, or authority of the Alabama Department of Agriculture and Industries and the Commissioner of Agriculture and Industries.
(Act 2000-320, p. 505, §5.)
(a) When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question.
(2) COSMETIC. An article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance and the component parts of such an article. Such term does not include a soap.
(3) STANDARD OF PURITY OR QUALITY. The standard of purity and quality fixed by the State Board of Agriculture and Industries.
(b) Other words and phrases used in this division shall be defined as in Section 2-1-1.
(Acts 1947, No. 134, p. 42, §1.)
(a) A cosmetic shall be deemed adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof or under such conditions of use as are customary and usual;
(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance;
(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;
(4) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or
(5) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified in accordance with regulations promulgated under the federal Food, Drug and Cosmetic Act.
(b) The provisions of subdivision (1) of subsection (a) of this section shall not apply to coal-tar hair dye if the label thereof bears the following legend conspicuously displayed thereon: “Caution!! This product contains ingredients which may cause skin irritation on certain individuals. A preliminary test according to the accompanying directions should be made before using it. This product must not be used for dyeing the eyelashes or eyebrows - to do so may cause blindness.” And the labeling of any such article must contain adequate directions for preliminary testing.
(c) As used in subdivisions (1) and (5) of subsection (a) of this section, the term “hair dye” does not include eyelash or eyebrow dyes.
(Acts 1947, No. 134, p. 42, §3.)
(a) A cosmetic shall be deemed misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is in package form and does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and a statement of the quantity of the contents in terms of weight, measure, or numerical count;
(3) If any word, statement, or other information required to be placed in the labeling by or under authority of this division is not placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(4) If its container is so made, formed, or filled as to be misleading.
(b) The Commissioner of Agriculture and Industries may permit reasonable variations and exemptions of small packages from subdivision (2) of subsection (a) of this section.
(Acts 1947, No. 134, p. 42, §4.)
The having in possession of an adulterated or misbranded cosmetic shall be prima facie evidence of having it in possession with the intent to sell it in violation of this division; provided, that a manufacturer, wholesaler, or jobber may keep such products set apart in his stock for sale in other states if he properly identifies them, although the possession of such products might otherwise be in violation of this division.
(Acts 1947, No. 134, p. 42, §6.)
No dealer shall be prosecuted under this division when he can establish a bona fide guarantee, signed by a reputable wholesaler, jobber, or manufacturer from whom he purchased the article that the article is not adulterated or misbranded within the meaning of this division (designating it) and that he had no knowledge of such adulteration or misbranding at the time the article was purchased. A guarantee given pursuant to this section must contain the name and address of the vendor from whom the article was purchased, who shall be amendable to the prosecutions, fines, and other penalties to which the purchaser would otherwise be liable.
(Acts 1947, No. 134, p. 42, §7.)
This division shall be construed to be supplemental to Division 1 of this article, which relates to the regulation of the manufacture, possession, and sale of food and drugs.
(Acts 1947, No. 134, p. 42, §8.)
The Board of Agriculture and Industries shall have the power to fix the standards of purity and quality of cosmetics.
(Acts 1947, No. 134, p. 42, §8.)
This article shall be known as the Bread, Flour, and Cornmeal Enrichment Act.
(Acts 1943, No. 500, p. 470, §1; Acts 1953, No. 815, p. 1097.)
AMENDED BY ACT 2026-492, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise:
(1) APPROPRIATE FEDERAL AGENCY. The federal agency or department or administrative federal officer charged with the enforcement and administration of the federal Food, Drug and Cosmetic Act.
(2) BOARD. The Alabama State Board of Agriculture and Industries.
(3) BREAD. Bread, rolls, or buns of every kind and description made wholly or partly from wheat flour which conforms to the definition and standard of identity of bread set out in 21 C.F.R. Part 136. The term does not include bread containing no wheat flour or breads made from 100 percent whole wheat flour. The term includes breads made from mixtures of white flour and whole wheat flour, known as brown breads.
(4) CORN MASA. A dry flour-type product made from corn that has been treated with slaked lime or otherwise undergoes a process known as nixtamalization.
(5) CORN MASA PRODUCT. Any food product containing corn masa.
(6) CORNMEAL. All meal for human consumption made from corn, either white or yellow, whole cornmeal, bolted cornmeal, and degerminated cornmeal as defined in definitions and standards of identity set out in 21 C.F.R. Part 137.
(7) ENRICHMENT. As applied to bread, flour, meal, or grits, the addition thereto of vitamins and other ingredients of the nature required by this article and “enriched bread,” “enriched flour,” “enriched whole cornmeal,” “enriched bolted meal,” “enriched degerminated meal,” or “enriched grits” means the appropriate food product, according to the federal standards of identity, which has been enriched to conform to the requirements of this article.
(8) FLOUR.
a. Flour, white flour, wheat flour, and plain flour.
b. Bromated flour.
c. Self-rising flour, self-rising white flour, and self-rising wheat flour.
d. Phosphated flour, phosphated white flour, and phosphated wheat flour in the definitions and standards of identity set out in 21 C.F.R. Part 137. The term includes all mixtures of flours with whole wheat or high-extraction flours. The term does not include 100 percent whole wheat flour and specially packaged cake and pancake flour.
(9) GRITS. Grits, pearl grits, and degerminated grits made from corn by grinding or cracking as defined in the standards of identity set out in 21 C.F.R. Part 137.
(10) PERSON. An individual, corporation, partnership, association, joint stock company, trust, or any unincorporated organization.
(Acts 1943, No. 500, p. 470, §2; Acts 1953, No. 815, p. 1097; Act 2025-387, §1.)
(a) The terms of this article shall not apply to flour, cornmeal, or grits sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent, in such form as the board shall by regulation prescribe, certifying that such product shall be used only for the preparation of secondary products enriched within the given establishment to meet the requirements of this article or for the manufacture of products not required to be enriched by this article. It shall be unlawful for such purchaser to use the unenriched flour, cornmeal, or corn grits in any manner other than as stated in the certificate.
(b) The terms of this article shall not apply to whole wheat flour, whole wheat bread, cake flour, or specialty breads such as raisin bread or cheese bread, but, if enrichment of such specialty products is claimed on the label, then such products must be enriched according to the standards prescribed by this article for comparable nonspecialty products.
(Acts 1943, No. 500, p. 470, §3; Acts 1953, No. 815, p. 1097.)
(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption in this state any cornmeal or grits unless the following vitamins and other ingredients are contained in each pound of such product:
(1) Not less than two milligrams and not more than three milligrams of vitamin B1 (thiamine);
(2) Not less than 1.2 milligrams and not more than 1.8 milligrams of riboflavin;
(3) Not less than 16 milligrams and not more than 24 milligrams of niacin or niacin amide; and
(4) Not less than 13 milligrams and not more than 26 milligrams of iron (Fe).
(b) Such products may contain as optional ingredients not less than 500 milligrams and not more than 750 milligrams of calcium per pound and not less than 250 U.S.P. units and not more than 1,000 U.S.P. units of vitamin D per pound.
(Acts 1943, No. 500, p. 470, §3; Acts 1953, No. 815, p. 1097.)
(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound of such product:
(1) Not less than two milligrams and not more than 2.5 milligrams of vitamin B1 (thiamine);
(2) Not less than 1.2 milligrams and not more than 1.5 milligrams of riboflavin;
(3) Not less than 16 milligrams and not more than 20 milligrams of niacin or niacin amide; and
(4) Not less than 13 milligrams and not more than 16.5 milligrams of iron (Fe).
(b) Such products may contain as optional ingredients not less than 500 milligrams and not more than 625 milligrams of calcium per pound and not less than 250 U.S.P. units and not more than 1,000 U.S.P. units of vitamin D per pound.
(Acts 1953, No. 815, p. 1097.)
(a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale or to receive in interstate shipment for sale for human consumption in this state any bread (as defined in subdivision (1) of Section 20-1-71) unless the following vitamins and other ingredients are contained in each pound of such bread:
(1) Not less than 1.10 milligrams and not more than 1.80 milligrams of vitamin B1 (thiamine);
(2) Not less than 10.0 milligrams and not more than 15.0 milligrams of niacin or niacin amide;
(3) Not less than 0.7 milligrams and not more than 1.60 milligrams of riboflavin; and
(4) Not less than eight milligrams and not more than 12.5 milligrams of iron (Fe).
(b) Such bread may contain as optional ingredients not less than 300 milligrams and not more than 800 milligrams of calcium and/or not less than 150 U.S.P. units and not more than 750 U.S.P. units of vitamin D per pound.
(Acts 1943, No. 500, p. 470, §4; Acts 1953, No. 815, p. 1097.)
(a) This article requires the enrichment of white bread.
(b) The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, approved iron salts, or by any combination of approved methods which will produce enriched bread which meets the requirements of Section 20-1-75. The enrichment ingredients shall be uniformly distributed throughout the product.
Iron shall be added only in forms that are approved by the appropriate federal agency.
(Acts 1943, No. 500, p. 470, §§3, 5; Acts 1953, No. 815, p. 1097.)
It shall be unlawful to sell or offer for sale in this state any enriched flour, enriched bread, enriched cornmeal, or enriched grits which fails to conform to the labeling requirements of the federal Food, Drug and Cosmetic Act and the regulations promulgated thereunder by the appropriate federal agency or state agency with respect to flour, bread, cornmeal, or grits introduced into interstate commerce.
(Acts 1943, No. 500, p. 470, §6; Acts 1953, No. 815, p. 1097.)
(a) The State Board of Agriculture and Industries, as the administrative agency, shall perform all of the following duties:
(1) To make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this article, including, but without being limited to, such orders, rules, and regulations as it is hereinafter specifically authorized and directed to make and to establish fees for reimbursement of expenses.
(2) To adopt from time to time such regulations changing or adding to the required ingredients for flour, cornmeal, grits, or bread specified in Sections 20-1-73 through 20-1-75 as shall be necessary to conform to the definitions and standards of identity of enriched flour and other products from time to time promulgated by the appropriate federal agency pursuant to the federal Food, Drug and Cosmetic Act.
(3) To issue an order, to be effective immediately upon issuance, in the event of the finding by the board that there is an existing shortage of any ingredient required under Sections 20-1-73, 20-1-74, and 20-1-75, with the result that the sale and distribution of this product may be substantially impeded by the enforcement of this article, permitting the omission of such ingredient from this product. Whenever the state board finds that such shortage no longer exists, it shall issue an order, to be effective not less than 10 days after publication thereof, revoking such order. Any such findings as to the existence or imminence of any such shortage or the cessation thereof may be made by the state board without any hearing, on the basis of an order of or factual information supplied by the appropriate federal agency (as defined in subdivision (7) of Section 20-1-71) or any similar federal agency. In the absence of any such order or factual information, the state board, upon receiving the sworn statement of any persons subject to this article that such a shortage exists or is imminent or has ceased, shall, within 10 days thereafter, hold a public hearing with respect thereto, at which time any interested person may present evidence in support of such sworn statement, and any such finding by the state board may be based upon the evidence so presented. The state board shall publish notice of any such hearing at least 10 days prior thereto.
(b) All orders, rules, and regulations adopted by the board pursuant to this article shall be published in the manner prescribed in subsection (c) of this section, and, within the limits specified by this article, shall become effective upon such date as the state board shall fix.
(c) Whenever under this article publication of any notice, order, rule, or regulation is required, the publication shall be made at least three times in 10 days in newspapers of general circulation in three different sections of this state.
(Acts 1943, No. 500, p. 470, §7; Acts 1953, No. 815, p. 1097; Act 2004-516, p. 996, §1.)
AMENDED BY ACT 2026-492, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No person shall manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption any corn masa or corn masa product in this state unless the following ingredients are contained in each pound thereof:
(1) For corn masa, not less than 0.7 milligrams of folic acid.
(2) For corn masa products, not less than 0.4 milligrams of folic acid.
(b) This section shall not apply to either of the following:
(1) Corn masa or corn masa products made by or supplied to a cottage food production operation.
(2) Corn masa or corn masa products offered for sale by a grocery store offering conforming products.
(Act 2025-387, §2.)
It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale any insect-infested, mouldy, rancid, decayed, decomposed, or otherwise inedible pecans, almonds, Brazil nuts, chestnuts, filberts, walnuts, or pistachio nuts to anyone other than to cracking, shelling, or other processing plants, unless such nuts come within a tolerance to be prescribed by the State Board of Agriculture and Industries for the sale of such nuts.
(Acts 1965, No. 857, p. 1600, §1.)
It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale for any purpose pecans or any other nuts designated in Section 20-1-90 when such nuts are commonly known and designated at shelling, grading, cracking, or cleaning plants as “blow-outs,” “pops,” “culls,” or rejected nuts, unless such nuts are crushed or otherwise denatured to render the nuts unfit for human consumption.
(Acts 1965, No. 857, p. 1600, §2.)
It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale pecans or any other nuts designated in Section 20-1-90 in package form unless the package or other container is plainly and conspicuously labeled to show the name of the nuts, the net weight of the nuts, and the name and address of the packer or distributor.
(Acts 1965, No. 857, p. 1600, §3.)
The State Board of Agriculture and Industries is hereby expressly authorized to adopt and promulgate standards and reasonable variations or tolerances for the sale of pecans and other nuts in accordance with Section 20-1-90.
(Acts 1965, No. 857, p. 1600, §5.)
This article shall be known as the Oleomargarine Fortification Act.
(Acts 1943, No. 501, p. 475, §1.)
It shall be unlawful for any manufacturer, processor, or dealer in oleomargarine in the State of Alabama to sell or offer for sale any such product within this state which does not contain at least 9,000 United States pharmacopoeia units of vitamin A per pound, except that sold for use as an ingredient in the processing of another product.
(Acts 1943, No. 501, p. 475, §2.)
The State Board of Agriculture and Industries is empowered with the authority and is directed to change or add to the specifications for ingredients and the amounts thereof required to conform to any changes in 21 Code of Federal Regulations, Part 45, concerning the addition of vitamins to oleomargarine.
(Acts 1943, No. 501, p. 475, §3.)
All oleomargarine sold in the State of Alabama must be labeled in accordance with the regulations of the Federal Food and Drug Administration of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade.
(Acts 1943, No. 501, p. 475, §6.)
For the purpose of this article, the following words and phrases shall have the meanings indicated, unless the context clearly indicates a different meaning:
(1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(2) PERSON. Any individual, partnership, corporation, or association, whether or not incorporated.
(3) FOOD FATS. Edible, natural fats derived from vegetable or animal sources or a combination thereof, including only such milk fat as is normally contained in products enumerated in subdivision (4) of this section. Food fats as defined in this subdivision may contain harmless optional ingredients in an amount not exceeding .005 percent of the weight of the fat used to prevent fat oxidation.
(4) MILK SOLIDS NOT FAT. Any skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk (whether fluid, condensed, or dried), and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis.
(5) SUGAR OR OTHER SWEETENERS. Any sugar, liquid sugar, dextrose, invert sugar (paste or syrup), lactose, corn sugar, dried or liquid corn syrup, maple syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, or molasses (other than blackstrap).
(6) FLAVORS.
a. Natural food flavoring;
b. Artificial food flavoring;
c. Fruit juice, which may be fresh, frozen, canned, concentrated, or dried and which may be sweetened or thickened with one or more of the optional stabilizing ingredients specified in subdivision (8) of this section;
d. Chocolate;
e. Cocoa;
f. Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid;
g. Nut meats; or
h. Confectionery.
(7) EGG INGREDIENTS. Any liquid eggs, frozen eggs, whole egg solids (dried eggs), egg yolks, frozen yolks, or egg yolk solids (dried egg yolks).
(8) STABILIZING AND EMULSIFYING INGREDIENTS. Any gelatins, algin, extract of Irish moss, psyllium seed husk, agar, gum accacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed gum, monoglycerides or diglycerides or both of fat-forming fatty acids or other harmless stabilizers or emulsifiers.
(9) U.S.P. UNITS. Such values as are recognized by the United States pharmacopoeia.
(Acts 1953, No. 91, p. 134, §2; Acts 1953, No. 475, p. 591, §2.)
The purpose of this article is to authorize and regulate the manufacture and sale of the frozen food product designated as “Mellorine,” any other provisions of law or rules and regulations promulgated thereunder to the contrary notwithstanding.
(Acts 1953, No. 91, p. 134, §1; Acts 1953, No. 475, p. 591, §1.)
(a) “Mellorine” means a frozen food product consisting primarily of a sweetened combination of edible vegetable or animal fats, milk solids not fat and other ingredients and all ingredients of which shall be of the quality and in the quantity required under the standards established by the provisions of subsection (b) of this section.
It is the food prepared by freezing while stirring, a pasteurized mix composed of: edible food fats, as defined in subdivision (3) of Section 20-1-130; milk solids not fat as defined in subdivision (4) of Section 20-1-130; sugar or other sweeteners as defined in subdivision (5) of Section 20-1-130; flavor or flavors as defined in subdivision (6) of Section 20-1-130. Added vitamins, one or more of the optional egg ingredients as defined in subdivision (7) of Section 20-1-130 and one or more of the optional stabilizing or emulsifying ingredients as defined in subdivision (8) of Section 20-1-130 may be used in an amount not exceeding one half of one percent of the active ingredients (whether used singly or in combination) of the weight of the finished product.
(b) The standards hereby established for mellorine are as follows: It shall contain not less than 10 percent by weight of food fats and not less than 20 percent food fats and milk solids not fat combined, except when it contains one or more of the optional flavoring ingredients as “flavors” are defined in subdivision (6) of Section 20-1-130, in which case it shall contain not less than 10 percent food fats and not less than 20 percent food fats and milk solids not fat combined, except for such reduction as is due to the addition of such optional flavoring ingredients, but in no case shall it contain less than eight percent food fats or less than 16 percent food fats and milk solids not fat combined. It shall contain not less than 1.6 pounds of total food solids and shall weigh not less than 4.5 pounds per gallon. Harmless coloring and water may be added. The mix may be seasoned with salt and may be homogenized. The mix must be enriched by the addition of vitamins which are naturally present in milk fat in such amount that the vitamin A (with or without vitamin D concentrate) content is not less than 8,400 U.S.P. units of vitamin A per gallon of finished mellorine containing 10 percent of food fats and weighing 4.5 pounds. When mellorine contains more than 10 percent food fats, the vitamin content shall be increased proportionately.
(Acts 1953, No. 91, p. 134, §§2, 3; Acts 1953, No. 475, p. 591, §§2, 3.)
No person shall operate a plant producing, manufacturing, processing, freezing, or packaging mellorine without a permit from the commissioner to engage in such business. Permits issued under this section shall be valid after issuance until January 1 of the next succeeding year and shall be renewed annually. Applications for such permits shall be made to the commissioner upon forms prescribed by the commissioner after complying with the provisions of this article and the rules and regulations of the commissioner and the State Health Department, and upon the payment of the permit fee of $1.00 applicants shall be issued a permit and shall be eligible to produce, manufacture, process, freeze, package, and sell mellorine.
(Acts 1953, No. 91, p. 134, §9; Acts 1953, No. 475, p. 591, §9.)
Mellorine shall be sold only in factory filled packages of pints, quarts, or half gallon capacity (liquid measure) and shall not be sold or served in novelties, cake cones, dishes, milk shakes, milk drinks, malt drinks, sodas, sundaes, or other similar items customarily served at soda fountains and eating establishments. The sale of mellorine in any manner other than as provided in this section is prohibited.
(Acts 1953, No. 91, p. 134, §4; Acts 1953, No. 475, p. 591, §4.)
(a) The container shall be labeled “Mellorine - A Vegetable Oil Product.” When mellorine is made with animal fat it shall be labeled “Mellorine - Containing Animal Fat.” When mellorine is made with vegetable oil and animal fat it shall be labeled “Mellorine - Containing Vegetable Oil and Animal Fat.” The lettering of the word “Mellorine” shall in every case appear in as large type size and as prominent as any other wording on the container except the brand name but in no event shall it be smaller than 30 point Gothic type. The number of U.S.P. units due to the addition of vitamin A must appear on the label. The use of the word “cream” or its phonetic equivalent, however spelled in connection with the labeling, advertising, branding, or sale of mellorine, is hereby prohibited. The container or package in which mellorine is sold or offered for sale shall be deemed to be misbranded if mellorine is sold or offered for sale in violation of Sections 20-1-20 and 20-1-25. Mellorine sold or offered for sale in violation of this section is hereby prohibited.
(Acts 1953, No. 91, p. 134, §5; Acts 1953, No. 475, p. 591, §5.)
The false and misleading advertising of mellorine is prohibited. An advertisement of mellorine shall be deemed to be false and misleading if in such advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that such mellorine is a dairy product; except, that nothing contained in this section shall prevent a truthful, accurate, and full statement in any such advertisement of all the ingredients in such mellorine.
(Acts 1953, No. 91, p. 134, §6; Acts 1953, No. 475, p. 591, §6.)
Any food product containing any food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which purports to be or is represented as mellorine as defined in this article but which does not conform to such definition and standard of identity shall be deemed to be adulterated and misbranded, notwithstanding the employment of any fanciful name or the use of the word “imitation” to designate the product; provided, that the natural occurrence of a food fat in any flavoring used in mellorine shall not be construed to be adulteration within the meaning of this section. If mellorine is adulterated as provided in the case of food under the provisions of Section 20-1-22, such adulteration is hereby prohibited.
The sale or offering for sale of adulterated or misbranded mellorine is hereby prohibited.
(Acts 1953, No. 91, p. 134, §7; Acts 1953, No. 475, p. 591, §7.)
For the purposes of this article, the following words shall have the following meanings unless the context clearly indicates otherwise.
(1) MILK, MILK PRODUCTS, AND FROZEN DESSERT PROCESSING PLANT. A plant or facility, place, premises, or establishment where milk, milk products, or frozen desserts are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. The term includes single-service container manufacturing plants. This term excludes manufacturers who produce cheese exclusively.
(2) PERSON. A natural person, firm, partnership, or corporate entity.
(3) SINGLE-SERVICE CONTAINER MANUFACTURING PLANT. An establishment for the fabrication, production, handling, and storage of single-service containers and closures intended to be used for Grade “A” milk or milk products.
(Acts 1993, No. 93-718, p. 1403, §1.)
Every person who produces milk, milk products, or frozen desserts for sale or consignment or for remuneration of any nature, in a milk, milk products, or frozen dessert processing plant shall annually obtain a permit from the State Board of Health prior to selling or offering for sale, consigning or offering for consignment, or offering for a remuneration, the milk, milk products, or frozen dessert in the State of Alabama. This requirement applies to a person who operates a milk, milk products, or frozen dessert processing plant within or without the state.
(1) Application shall be made to the State Board of Health each year for a permit on the forms requiring information to be submitted and at the times required by the board.
(2) Each application shall be accompanied by an application fee of $250 for each plant for which a permit is requested and the fee shall be non-refundable and shall not be prorated.
(3) In applying for a permit, the owner or operator of each plant consents to reasonable inspection of the plant by the board at the times designated by the board to determine compliance with rules for permit issuance or to determine continued compliance after issuance.
(Acts 1993, No. 93-718, p. 1403, §2.)
The State Board of Health shall receive and review each completed application for a permit and shall annually or more often, if required, inspect each plant whether in-state or out-of-state. The board shall issue a permit for each plant requested if the application is complete, the fee is tendered, and the plant is in compliance with reasonable rules of the board.
(1) Permits shall be state-wide in application.
(2) Permits shall be non-transferable. Whenever there is a change of ownership of a plant, a new permit is required.
(Acts 1993, No. 93-718, p. 1403, §3.)
The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit issued for flagrant, serious, or continued violations of rules or public health laws. Administrative appeals shall be made in a timely manner to the State Board of Health in accordance with rules of the board.
(1) Appeals from final rulings shall be made on the administrative record to the circuit court of the county in which the plant is located, if within the State of Alabama, or to the Circuit Court of Montgomery County.
(2) When, in the judgment of the State Health Officer, the operation of a permitted plant poses an immediate and serious danger, threat, or menace to the public health, the State Health Officer shall summarily suspend the permit issued hereunder and order the plant closed prior to an administrative hearing. Administrative hearings on the summary suspensions shall be held as soon as practicable unless waived by the permittee and shall be appealable as provided in subdivision (1).
(3) When the State Health Officer has summarily suspended a permit, the State Health Officer shall order the summary destruction of contaminated milk, milk products, or frozen desserts, and in so ordering incurs no liability for the costs of the milk, milk products, or frozen desserts or for costs of the destruction thereof on his or her own behalf or on the behalf of the State of Alabama or an agency or officer, agent, servant, or employee thereof.
(Acts 1993, No. 93-718, p. 1403, §4.)
(a) A person who produces milk, milk products, or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service container or closure without first obtaining the required permit or violates a rule or order issued pursuant to this article shall be guilty of a Class A misdemeanor.
(b) The State Board of Health shall institute a civil action in any circuit court in the State of Alabama to enforce the provisions of this article. Any person who operates without a valid permit may be enjoined from the operation by the circuit court without prior resort to criminal remedies.
(Acts 1993, No. 93-718, p. 1403, §5.)
All fees, fines, penalties, or funds of whatsoever nature collected by the State Board of Health under this article are continuously appropriated to the State Board of Health for the enforcement of this article.
(Acts 1993, No. 93-718, p. 1403, §6.)
The State Board of Health shall adopt rules and orders as are necessary for implementing the provisions of this article. Where possible, the rules shall be in conformity with rules, regulations, ordinances, or standards of agencies of the government of the United States. All rules and orders shall have the force and effect of law and shall be enforced by all officers and be complied with by all persons.
(Acts 1993, No. 93-718, p. 1403, §7.)
No drug product in finished solid oral dosage form for which a prescription is required by federal law may be manufactured or commercially distributed within this state unless it has clearly and prominently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, national drug code, or any combination thereof, identifying the drug product and the manufacturer or distributor of the drug product.
(Acts 1981, No. 81-389, p. 595, §1.)
Manufacturers or distributors shall make available on request to the State Board of Health descriptive material which will identify each current imprint used by the manufacturer or distributor.
(Acts 1981, No. 81-389, p. 595, §2.)
The Department of Health shall promulgate rules for implementing the provisions of this article.
(Acts 1981, No. 81-389, p. 595, §3.)
The State Board of Health may exempt drug products from the requirements of Section 20-1-150 on the grounds that imprinting is not feasible because of size, texture, or other unique characteristics.
(Acts 1981, No. 81-389, p. 595, §4.)
The provisions of this article shall not apply to drug products compounded by a pharmacist licensed under Alabama law, in a pharmacy operating under a permit issued by the Alabama Board of Pharmacy.
(Acts 1981, No. 81-389, p. 595, §5.)
For the purposes of this article, the term “cultivated food product” means any food product produced from cultured animal cells.
(Act 2024-252, §1(a).)
(a) It shall be unlawful for any person to manufacture, sell, hold or offer for sale, or distribute any cultivated food product in this state.
(b) A violation of this section is a Class C misdemeanor.
(Act 2024-252, §1(b).)
(a) A food sales establishment, as defined in Section 20-1-20, that sells or distributes cultivated food products in violation of Section 20-1-161 shall be subject to disciplinary action pursuant to Section 20-1-34.
(b) The food safety permit of a food sales establishment may be suspended or revoked as provided in Section 20-1-33 upon the conviction of an owner or an employee of the establishment for a violation of Section 20-1-161 in connection with the establishment.
(Act 2024-252, §1(c).)
(a) A food establishment, as defined by rule of the Alabama Department of Public Health, that sells or distributes cultivated food products in violation of Section 20-1-161 shall be subject to all enforcement measures as provided by rule of the Department of Public Health.
(b) The permit of a food establishment may be suspended or revoked as provided by rule of the Department of Public Health upon the conviction of an owner or an employee of the establishment for a violation of Section 20-1-161 in connection with the establishment.
(Act 2024-252, §1(d).)
The Department of Agriculture and Industries and the Alabama Department of Public Health may adopt rules as necessary to implement this article.
(Act 2024-252, §1(e).)
Nothing in this article shall be construed as preventing any federal, state, or local governmental entity or institution of higher education, or a person that is partnered with a governmental entity or institution of higher education as evidenced by a formal agreement, from conducting research in this state regarding the production of cultivated food products.
(Act 2024-252, §1(f).)
This chapter may be cited as the Alabama Uniform Controlled Substances Act.
(Acts 1971, No. 1407, p. 2378, §511.)
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
a. A practitioner or, in his or her presence, his or her authorized agent.
b. The patient or research subject at the direction and in the presence of the practitioner.
(2) AGENT. An authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
(3) CERTIFYING BOARDS. The State Board of Medical Examiners, the State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the State Board of Podiatry, and the State Board of Veterinary Medical Examiners.
(4) CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor in Schedules I through V of Article 2 of this chapter.
(5) COUNTERFEIT SUBSTANCE. Substances which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device or any likeness thereof of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(6) DELIVER or DELIVERY. The actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(7) DISPENSE. To deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(8) DISPENSER. A practitioner who dispenses.
(9) DISTRIBUTE. To deliver other than by administering or dispensing a controlled substance.
(10) DISTRIBUTOR. A person who distributes.
(11) DRUG.
a. Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary or any supplement to any of them.
b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals.
c. Substances (other than food) intended to affect the structure or any function of the body of man or animals.
d. Substances intended for use as a component of any article specified in paragraphs a., b., or c. Such term does not include devices or their components, parts, or accessories.
(12) IMMEDIATE PRECURSOR. A substance that the State Board of Pharmacy has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(13) MANUFACTURE. The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container; except, that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by either of the following:
a. A practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice.
b. A practitioner or his or her authorized agent under his or her supervision for the purpose of or as an incident to research, teaching, or chemical analysis and not for sale.
(14) MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include hemp as defined in Section 2-8-381.
(15) NARCOTIC DRUG. Any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
a. Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate.
b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph a., but not including the isoquinoline alkaloids of opium.
c. Opium poppy and poppy straw.
d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
(16) OPIATE. Any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term does not include, unless specifically designated as controlled under this section, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). Such term does include its racemic and levorotatory forms.
(17) OPIUM POPPY. The plant of the species Papaver somniferum L., except its seeds.
(18) PERSON. Individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association or any other legal entity.
(19) POPPY STRAW. All parts, except the seeds, of the opium poppy, after mowing.
(20) PRACTITIONER.
a. A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
b. A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.
(21) PRODUCTION. The manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
(22) STATE. When applied to a part of the United States, the term includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.
(23) ULTIMATE USER. A person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.
(Acts 1971, No. 1407, p. 2378, §101; Acts 1976, No. 699, p. 965, §1; Acts 1989, No. 89-242, p. 342, §3; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2016-293, p. 730, §5; Act 2019-502, §1.)
All persons employed in any capacity in the public, private, and church elementary and secondary schools shall be immune from civil liability for communicating information to the parents of a minor child, law enforcement officers, or health care providers concerning the suspected use, possession, sale, distribution of any controlled substance as defined in Chapter 2 of Title 20, by any minor child as defined by law. Notwithstanding the foregoing, this immunity shall not apply if said person communicated such information maliciously and with knowledge that it was false.
(Acts 1985, No. 85-239, p. 138.)
(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20-2-31 pursuant to the procedures of the State Board of Health. In making a determination regarding a substance, the State Board of Health shall consider all of the following:
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if known.
(3) The state of current scientific knowledge regarding the substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to the public health.
(7) The potential of the substance to produce psychic or physiological dependence liability.
(8) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(b) After considering the factors enumerated in subsection (a), the State Board of Health shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
(c) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, the State Board of Health shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30-day period, the State Board of Health objects to inclusion, rescheduling, or deletion. In that case, the State Board of Health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the State Board of Health shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the State Board of Health, control under this chapter is stayed until the State Board of Health publishes its decision.
(d) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.
(e) The State Board of Health shall exclude any nonnarcotic substance from a schedule if such substance, under the federal Food, Drug and Cosmetic Act, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, and the law of this state may be lawfully sold over the counter without a prescription.
(Acts 1971, No. 1407, p. 2378, §201; Act 2001-971, 3rd Sp. Sess., p. 873, §2.)
The controlled substances listed or to be listed in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31 are included by whatever official, common, usual, chemical, or trade name designated.
(Acts 1971, No. 1407, p. 2378, §202.)
The State Board of Health shall place a substance in Schedule I if it finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
(Acts 1971, No. 1407, p. 2378, §203.)
(a) The Legislature finds the following:
(1) New synthetic substances are being created which are not controlled under the provisions of existing state law but which have a potential for abuse similar to or greater than that for substances controlled under existing state law. These new synthetic substances are called “synthetic controlled substances or synthetic controlled substance analogues” and can be designed to produce a desired pharmacological effect and to evade the controlling statutory provisions. Synthetic controlled substances or synthetic controlled substance analogues are being manufactured, distributed, possessed, and used as substitutes for controlled substances.
(2) The hazards attributable to the traffic in and use of a synthetic controlled substance or synthetic controlled substance analogues are increased because their unregulated manufacture produces variations in purity and concentration.
(3) Many new synthetic substances are untested, and it cannot be immediately determined whether they have useful medical or chemical purposes.
(4) The uncontrolled importation, manufacture, distribution, possession, or use of controlled substance analogues has a substantial and detrimental impact on the health and safety of the people of this state.
(5) Synthetic controlled substances or synthetic controlled substance analogues can be created more rapidly than they can be identified and controlled by action of the Legislature. There is a need for a speedy determination of their proper classification under existing law. It is therefore necessary to identify and classify new substances that have a potential for abuse, so that they can be controlled in the same manner as other substances controlled under existing state law.
(b) The controlled substances listed in this section are included in Schedule I:
(1) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
a. Acetylmethadol;
b. Allylprodine;
c. Alphacetylmethadol;
d. Alphameprodine;
e. Alphamethadol;
f. Benzethidine;
g. Betacetylmethadol;
h. Betameprodine;
i. Betamethadol;
j. Betaprodine;
k. Clonitazene;
l. Dextromoramide;
m. Dextrorphan;
n. Diampromide;
o. Diethylthiambutene;
p. Dimenoxadol;
q. Dimepheptanol;
r. Dimethylthiambutene;
s. Dioxaphetyl butyrate;
t. Dipipanone;
u. Ethylmethylthiambutene;
v. Etonitazene;
w. Etoxeridine;
x. Furethidine;
y. Hydroxypethidine;
z. Ketobemidone;
aa. Levomoramide;
bb. Levophenacylmorphan;
cc. Morpheridine;
dd. Noracymethadol;
ee. Norlevorphanol;
ff. Normethadone;
gg. Norpipanone;
hh. Phenadoxone;
ii. Phenampromide;
jj. Phenomorphan;
kk. Phenoperidine;
ll. Piritramide;
mm. Proheptazine;
nn. Properidine;
oo. Racemoramide;
pp. Trimeperidine.
(2) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
a. Acetorphine;
b. Acetyldihydrocodeine;
c. Benzylmorphine;
d. Codeine methylbromide;
e. Codeine-N-Oxide;
f. Cyprenorphine;
g. Desomorphine;
h. Dihydromorphine;
i. Etorphine;
j. Heroin;
k. Hydromorphinol;
l. Methyldesorphine;
m. Methyldihydromorphine;
n. Morphine methylbromide;
o. Morphine methylsulfonate;
p. Morphine-N-Oxide;
q. Myrophine;
r. Nicocodeine;
s. Nicomorphine;
t. Normorphine;
u. Pholcodine;
v. Thebacon.
(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
a. 3,4-methylenedioxy amphetamine;
b. 5-methoxy-3,4-methylenedioxy amphetamine;
c. 3,4,5-trimethoxy amphetamine;
d. Bufotenine;
e. Diethyltryptamine;
f. Dimethyltryptamine;
g. 4-methyl-2,5-dimethoxy amphetamine;
h. Ibogaine;
i. Lysergic acid diethylamide;
j. Marihuana;
k. Mescaline;
l. Peyote;
m. N-ethyl-3-piperidyl benzilate;
n. N-methyl-3-piperidyl benzilate;
o. Psilocybin;
p. Psilocyn;
q. Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp, as defined in Section 2-8-381.
(4)a. A synthetic controlled substance that is any material, mixture, or preparation that contains any quantity of the following chemical compounds, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation or compound:
3,4-Methylenedioxymethcathinone (Methylone), some trade or other names: 3,4-methylenedioxy-N-methylcathinone.
3,4-Methylenedioxypyrovalerone, some other trade names: (MDPV).
4-Methylmethcathinone (Mephedrone), some trade or other names: 4-methylephedrone.
4-Methoxymethcathinone (Methedrone), some trade or other names: bk-PMMA.
3-Fluoromethcathinone, some trade or other names: 3-FMC.
4-Fluoromethcathinone (Flephedrone), some trade or other names: 4-FMC.
1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone, some trade or other names: AM-694.
1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone, some trade or other names: AM-2201.
(6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, some trade or other names: HU-210.
(6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, some trade or other names: HU-211, Dexanabinol.
1-Pentyl-2-methyl-3-(1-naphthoyl)indole, some trade or other names: JWH-007.
(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone, some trade or other names: JWH-015.
Naphthalen-1-yl-(1-pentylindol-3-yl)methanone, some trade or other names: JWH-018.
1-Hexyl-3-(naphthalen-1-oyl)indole, some trade or other names: JWH-019.
Naphthalen-1-yl-(butylindol-3-yl)methanone, some trade or other names: JWH-073.
4-Methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone, some trade or other names: JWH-081.
4-Methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl) methanone, some trade or other names: JWH-098.
4-Methylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone, some trade or other names: JWH-122.
(1-(2-Morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone, some trade or other names: JWH-200.
2-(2-Chlorophenyl)-1-(1-pentylindol-3-yl)ethanone, some trade or other names: JWH-203.
4-Ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone, some trade or other names: JWH-210.
2-(2-Methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone, some trade or other names: JWH-250.
5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone, some trade or other names: JWH-307.
1-Pentyl-3-(4-Chloro-1-naphthoyl)indole, some trade or other names: JWH-398.
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (Cannabicyclohexanol), some trade or other names: CP 47, 497, and homologues.
2-(2-Methoxyphenyl)-1-[1-(2-cyclohexylethyl)indol-3-yl]ethanone, some trade or other names: RCS-8, SR-18.
2-(4-Methoxyphenyl)-1-(1-pentyl-indol-3-yl)methanone, some trade or other names: RCS-4.
(R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone, some trade or other names: WIN 55,212-2.
(4-Methoxyphenyl)-[2-methyl-1-(2-morpholin-4-ylethyl)indol-3-yl]methanone, some trade or other names: WIN 48,098, Pravadoline.
b. In addition to any material, mixture, or preparation that contains any quantity of the chemical compounds listed in paragraph a., a synthetic controlled substance also includes the following chemical compounds, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation or compound:
1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole, some trade or other names: (AM-2233).
1-Pentyl-3-(1-adamantoyl)indole, some trade or other names: (AB001).
[1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-1-naphthalenyl-methanone, some trade or other names: (AM1220).
1-(5-Fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropyoyl)indole, some trade or other names: (XLR11).
1-Pentyl-3-(2,2,3,3-tetramethycyclopropoyl)indole, some trade or other names: (UR-144).
6-Methyl-2[(4-methylphenyl)amino]-4H-3,1-benzoxazin-4-one, some trade or other names: (URB 754).
[1,1′-biphenyl]-3-yl-carbamic acid, cyclohexyl ester, some trade or other names: (URB 602).
(3′-(Aminocarbonyl)[1,1′-biphenyl]-3-yl)-cyclohexylcarbamate, some trade or other names: (URB597).
1-(5-Fluoropentyl)-3-(4-methyl-1-naphthoyl)indole, some trade or other names: (MAM2201).
1-naphthalenyl[4-(pentyloxy)-naphthalenyl]methanone, some trade or other names: (CB-13).
1-(5-Chloropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole, some trade or other names: (5-Chloro-UR-144).
1-(5-Fluoropentyl)-N-tricyclo[3,3,1,13,7]dec-1-yl-1H-indole-3-carboxamide, some trade or other names: (STS-135).
1[(N-Methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole, some trade or other names: (AM1248).
N-Adamantyl-1-pentyl-1H-indole-3-carboxamide, some trade or other names: (SDB-001, 2NE1).
1-Pentyl-N-tricyclo[3,3,1,13,7]dec-1-yl-1H-indazole-3-carboxamide, some trade or other names: (AKB48, APINACA).
3-Naphthoylindole.
1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3-tetramethylcyclopropyl)indole, some trade or other names: (A 796,260).
1-[(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone, some trade or other names: (A 834,735).
1-(Pent-4-en-1-yl)-3-(4-methyl-1-naphthoyl)indole, some trade or other names: (JWH-122 4-pentenyl analog).
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide some trade or other names: (AB-FUBINACA).
1-(5-bromopentyl)-1H-indol-3-ylmethanone, some trade or other names: (5-Bromo-UR-144)
5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexylphenol, some trade or other names: (CP-47,497 C8 homolog).
1-(5-Fluoropentyl)-N-tricyclo[3,3,1,13,7]dec-1-yl-1H-indazole-3-carboxamide, some trade or other names: (5F-AKB48, 5F-APINACA).
1-(penta-4-ene)-3-(1-naphthoyl)indole, some trade or other names: (JWH-022).
1-(5-Chloropentyl)-3-(1-naphthoyl)indole, some trade or other names: (Chloro-AM-2201, JWH-018 N-5-chloropentyl analog).
1-(5-Hydroxypentyl)-3-(1-naphthoyl)indole, some trade or other names: (Hydroxy-AM-2201).
N-[(2E)-3-(2-Methoxyethyl)4,5-dimethyl-1,3-thiazole-2(3H)-ylidene]-2,2,3,3-tetramethylcyclopropane carboxamide, some trade or other names: (A 836,339).
1-Pentyl-3-(2-iodobenzoyl)indole, some trade or other names: (AM 679).
1-Pentyl-3-(2-methylphenacetyl)indole, some trade or other names: (JWH-251).
1-pentyl-1H-indole-3-carboxylic acid 8-quinolinyl ester, some trade or other names: (PB-22, QUPIC).
1-(5-fluoropentyl)-1H-indole-3-carboxylic acid 8-quinolinyl ester, some trade or other names: (5F-PB-22).
1-pentyl-N-(naphthalen-1-yl)-1H-indole-3-carboxamide, some trade or other names: (MN-24, NNE1).
1-(cyclohexylmethyl)-1H-indole-3-carboxylic acid 8-quinolinyl ester, some trade or other names: (BB-22, QUCHIC).
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-3-carboxamide, some trade or other names: (AB-PINACA).
7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide, some trade or other names: (MN-25).
ADB-PINACA.
FUB-AKB-48.
FUB-PB-22.
Heptyl-UR144.
THJ-018.
THJ-2201.
1-heptyl-3-(1-napthoyl)indole), some trade or other names: (JWH-20).
Napthalen-1-yl-(1-propyl-1H-indol-3-yl)methanone, some trade or other names: (JWH-072).
(6aR,10aR)-3-(1, 1-Dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran, some trade or other names: (JWH-133).
3-(napthalen-1-ylmethyl)-1-pentyl-1H-indole, some trade or other names: (JWH-175).
1-pentyl-3-(4-methoxyophenylacetyl)indole, some trade or other names: (JWH-201).
1-pentyl-3-(3-methoxyphenylacetyl)indole, some trade or other names: (JWH 302).
[(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol, some trade or other names: (HU-308).
3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione, some trade or other names: (HU-331).
N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)-undecanamide, some trade or other names: (CB-25).
N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-undecanamide, some trade or other names: (CB-52).
2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol, some trade or other names: (CB-55,940)(CB-55).
4-Methylethylcathinone, some trade or other names: (4-MEC, 4-Methylethcathinone).
4′-Methyl-alpha-pyrrolidinopropiophenone, some trade or other names: (MPPP, ZZ-1).
(RS)-1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one, some trade or other names: (Naphyrone).
alpha,alpha-Diphenyl-2-piperidinemethanol, some trade or other names: (Pipradrol, Meratran).
(RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)pentan-1-one, some trade or other names: (Pyrovalerone).
3,4-Dimethylmethcathinone, some trade or other names: (3,4-DMMC).
4-Fluoroamphetamine, some trade or other names: (4-FA).
4-Fluoromethamphetamine, some trade or other names: (4-FMA).
Butylone, some trade or other names: (bk-MBDB).
alpha-Pyrrolidinopentiophenone, some trade or other names: (alpha-PVP).
beta-keto-Dimethylbenzodioxolylbutanamine, some trade or other names: (bk-DMBDB).
2-(methylamino)-1-phenylbutan-1-one, some trade or other names: (Buphedrone).
(RS)-2-ethylamino-1-phenyl-propan-1-one, some trade or other names: (N-Ethylcathinone).
2-Fluoroamphetamine, some trade or other names: (2-FA).
Methoxetamine, some trade or other names: (MXE).
2-Methylamino-1-phenylpentan-1-one, some trade or other names: (Pentedrone).
3,4-Methylenedioxycathinone, some trade or other names: (MDC).
2-Fluoromethamphetamine, some trade or other names: (2-FMA).
4-methylmethamphetamine, some trade or other names: (4-MMA).
4-Fluoroisocathinone, some trade or other names: (4-FIC).
3-Fluoromethamphetamine, some trade or other names: (3-FMA).
Methiopropamine, some trade or other names: (MPA).
alpha-Pyrrolidinobutiophenone, some trade or other names: (alpha-PBP).
4-Methoxy-N-methylcathinone, some trade or other names: (Methedrone, bk-PMMA).
alpha-Pyrrolidinopropiophenone, some trade or other names: (alpha-PPP).
(RS)-2-benzhydrylpiperidine, some trade or other names: (Desoxypipradrol).
3,4-Methylenedioxyethylcathinone, some trade or other names: (MDEC).
3,4-Methylenedioxy-alpha-pyrrolidinobutiophenone, some trade or other names: (MDPBP).
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (Pentylone, bk-MBDP).
3-Fluoroamphetamine, some trade or other names: (3-FA).
3-Fluoromethcathinone, some trade or other names: (3-FMC).
2-Fluoromethcathinone, some trade or other names: (2-FMC).
1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)propan-1-one (bk-MDDMA).
N,N-Diethylcathinone, some trade or other names: (Amfepramone, DEC).
1,3-Dimethylamylamine, some trade or other names: (DMAA).
N, N-Dimethylcathinone, some trade or other names: (DMC).
N-Ethyl-3,4-methylenedioxycathinone, some trade or other names: (bk-MDEA).
N-Ethylamphetamine, some trade or other names: (EMA).
N-Ethylcathinone, some trade or other names: (EC).
2-Ethylethcathinone, some trade or other names: (2-EEC).
4-Ethyl-N-ethylcathinone, some trade or other names: (4-EEC).
2-(5-Methoxy-1-benzofuran-3-yl)-N,N-dimethylethanamine, some trade or other names: (Dimembfe).
2-(5-Methoxy-1-benzofuran-3-yl)N-ethylethamine.
4-Methoxymethamphetamine, some trade or other names: (PMMA).
4-Methoxy-N-ethylamphetamine, some trade or other names: (PMEA).
4-Methoxy-N-ethylcathinone, some trade or other names: (ETHEDRONE).
3-Methylmethcathinone, some trade or other names: (3-MMC).
4-Methyl-alpha-pyrrolidinobutiophenone, some trade or other names: (MPBP).
2-Methylethcathinone, some trade or other names: (2-MEC).
3-Methylethcathinone, some trade or other names: (3-MEC).
2-Ethylethcathinone, some trade or other names: (2-EEC).
3-Ethylethcathinone, some trade or other names: (3-EEC).
3-Ethylmethcathinone, some trade or other names: (3-EMC).
3′,4′-Methylenedioxy-alpha-pyrrolidinopropiophenone, some trade or other names: (MDPPP).
alpha-Pyrrolidinopentiothiophenone, some trade or other names: (alpha-PVT).
3-Methoxymethcathinone, some trade or other names: (3-MeOMC).
N-Methyl-1,3-benzodioxolylbutanamine, some trade or other names: (MBDB).
Ethcathinone, some trade or other names: (ETHYLPROPION, ETH-CAT).
Ethylone (3,4-methylenedioxy-N-ethylcathinone).
N-N-Diethyl-3,4-methylenedioxycathinone.
3,4-methylenedioxy-propiophenone.
2-Bromo-3,4-methylenedioxypropiophenone.
3,4-methylenedioxy-propiophenone-2-oxime.
N-Acetyl-3,4-methylenedioxycathinone.
N-Acetyl-N-Methyl-3,4-methylenedioxycathinone.
N-Acetyl-N-Ethyl-3,4-methylenedioxycathinone.
4-Bromomethcathinone.
3-Bromomethcathinone.
Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
4′-Methoxy-alpha-pyrrolidinopropiophenone, some trade or other names: (MOPPP).
4′-Methyl-alpha-pyrrolidinohexiophenone, some trade or other names: (MPHP).
Benocyclidine (BCP) or Benzothiophenylcyclohexylpiperidine, some trade or other names: (BTCP).
4-Fluoro-(methylamino)butyrophenone, some trade or other names: (F-MABP).
3-Methyl-4-Methoxymethacathinone, some trade or other names: (3-Me-4-MeO-MCAT).
4-Methyl-(ethylamino)-butryophenone, some trade or other names: (Me-EABP).
4-Ethyl-methcathinone, some trade or other names: (4-EMC).
4-methoxy-N-ethylcathinone (bk-PMC;p-methox-ethcathinone).
4′-Methoxy-alpha-pyrroldino-propiophenone (MeOPPP; 4′-MeO-PPP).
3-Fluorocathinone (3-FC).
4-Fluorocathinone (4-FC).
4-methyl-buphedrone (4-MeMABP; 4MeBP; BZ-6378).
3,4-Methylenedioxy-N-benzylcathinone, some trade or other names: (BMDP).
N-Benzyl-butylone, some trade or other names: (BMDB).
N-Hydroxy-3,4-methlyenedioxymethcathinone.
N-ethylbuphedrone, some trade or other names: (NEB).
4-Fluorobuphedrone, some trade or other names: (4-FBP).
4-Methoxy-pyrrolidinbutrophenone (4-MeO-PBP).
4-Ethyl-pyrrolidinobutrophenone, some trade or other names: (4-Et-PBP).
5-(2-aminopropyl)indole, some trade or other names: (5-IT).
1-phenyl-2-(piperidin-1-yl)butan-1-one.
2,4,5-Trimethyl-methacathinone, some trade or other names: (2,4,5-TMMC).
alpha-pyrrolidino-heptiophenone, some trade or other names: (alpha-PHpP).
4-Methylamphetamine (4-MA: pTAP; PAL-313; 4-MeA; PmeA).
N-Ethyl-methamphetamine.
4-(2-Aminopropyl)benzofuran, some trade or other names: (4-APB).
5-(2-Aminopropyl)-2,3-dihydro-1H-indene (5-APDI; IAP; AIP; indanylaminoporpane).
6,7-Methylenedioxy-2-aminotetralin, some trade or other names: (MDAT).
4-Methylthioamphetamine (4-MTA; P1882).
4-Chloroamphetamine (p-chloro-amphetamine).
2,4,6-Trimethoxyamphetamine, some trade or other names: (TMA-6).
2,4,5-Trimethoxyamphetamine, some trade or other names: (TMA-2).
2,5-Dimethylamphetamine, some trade or other names: (2,5-DMA).
3,4-Dimethylamphetamine, some trade or other names: (3,4-DMA).
N-propylamphetamine.
4-Hydroxyamphetamine.
3-Hydroxyamphetamine.
Methylenedioxydimethylamphetamine, some trade or other names: (MDDM).
2-Aminoindane, some trade or other names: (2-AI).
5,6-Methylenedioxy-N-methyl-aminoindane, some trade or other names: (MDMAI).
2C-T-21.
2C-B-Fly.
3,4-dimethyl-2,5-dimethoxyphenethylamine (2C-G).
25D-NBOMe.
25G-NBOMe.
25N-NBOMe.
Bromo-benzyldifuranyl-isopropylamine, some trade or other names: (Bromo Dragon Fly).
3C-B fly.
2,5-Dimethoxy-4-ethylthioamphetamine, some trade or other names: (Aleph-2).
1-[(4-ethoxy-2,5-dimethoxy)phenyl]propan-2-amine, some trade or other names: (MEM).
1-[2,5-dimethoxy-4-(propylthio)phenyl]propan-2-amine, some trade or other names: (Aleph-7).
N-benzyl-2-phenylethylanamine.
N,N-dimethyl-2-phenylethanamine.
6-chloro-2-aminotetralin, some trade or other names: (6-CAT).
2-phenylpropan-1-amine, some trade or other names: (B-Me-PEA).
2-Phenethylamine, some trade or other names: (2-PEA).
1-methylamino-1-(3,4-methylenedioxyphenyl)propane, some trade or other names: (M-ALPHA).
Camfetamine.
Methoxyphenamine.
4-methylaminorex, some trade or other names: (4-MAR; 4-MAX; U4Euh; Euphoria; Ice).
(1-thiophen-2-yl)propan-2-amine (Thienoamphetamine).
Dimethocaine.
4-Fluoroephedrine.
4-methyaminorex (p-methyl derivative).
1-[(N-methylpiperidin-2-yl)methyl]-2-methyl-3-(naphthalen-1-oyl)-6-nitroindole (AM1221).
(1-butyl-1H-indol-3-yl)(4-methoxyphenyl)-methanone (RCS-4 (C4) homolog).
5-[3-(1-naphthoyl)-1H-indole-1-yl]pentanenitrile, some trade or other names: (AM2232).
1-(Pentyl)-3-(4-bromo-1-naphthoyl)-indole, some trade or other names: (JWH-387).
1-(Pentyl)-3-(4-fluoro-1-naphthoyl)-indole, some trade or other names: (JWH-412).
1-(5-chlorpentyl)-3-(2-iodobenzoyl)indole, some trade or other names: (AM694 Derivative).
(2-iodo-5-nitrophenyl)-[1-[(1-methylpiperidin-2-yl]methyl]1H-indol-3-yl]-methanone, some trade or other names: (AM1241).
1-Pentyl-3-[1-(4-propyl)naphthoyl]indole, some trade or other names: (JWH-182).
JWH-081 2-methoxynaphthyl isomer, some trade or other names: (JWH-267).
(3-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone, some trade or other names: (RCS-4 3-methoxy isomer).
1-(5-fluoropentyl)-1H-indol-3-yl-methanone (EAM-2201).
ADB-FUBINACA.
ADBICA.
AM-279.
JWH-370.
NNE-1.
MAM-2201 chloropentyl derivative.
1-(5-fluoropentyl)-3-(2-methyl-benzoyl)indole.
1-(5-fluoropentyl)-3-(2-ethylbenzoyl)indole.
AB-005.
AB-005 Azepane isomer.
4-hydroxy-3,3,4-trimethyl-1-(1-pentyl-1H-indol-3-yl)pentan-1-one (4-HTMPIPO).
UR-12.
5-Fluoro-ADBICA.
BAY-38-7271; KN 38-7271.
JTE-907.
Org 27569.
Org 27759.
Org 29647.
LY 2183240.
JTE 7-31.
URB 937.
3-methoxy-eticyclidine, some trade or other names: (3-MeO-PCE).
1-Phenylcyclohexanamine, some trade or other names: (PCA).
4-Methyl-phencyclidine, some trade or other names: (4-Me-PCP).
4-Methoxy-eticyclidine, some trade or other names: (4-MeO-PCE).
4-Methoxyphencyclidine, some trade or other names: (Methoxydine; 4MeO-PCP).
3-Methoxyphencyclidine, some trade or other names: (3-MeO-PCP).
1-phenyl-N-propylcyclohexanamine, some trade or other names: (PCPr).
N-(2-methoxyethyl)-1-phenylcyclohexanamine, some trade or other names: (PCMEA).
N-(2-ethoxyethyl)-1-phenylcyclohexanamine, some trade or other names: (PCEEA).
N-(3-methoxypropyl)-1-phenylcyclohexanamine, some trade or other names: (PCMPA).
3-Hydroxy-phencyclidine, some trade or other names: (3-OH-PCP).
Methoxyketamine, some trade or other names: (2-MeO-2-deschloro-ketamine).
Tiletamine, some trade or other names: (TCE).
N-ethylnorketamine.
N-Methyltryptamine, some trade or other names: (NMT).
N-Methyl-N-isopropyltryptamine, some trade or other names: (MiPT; MIPT).
4-hydroxy-N,N-methylisopropyltryptamine, some trade or other names: (4-OH-MiPT).
4-Acetoxy-N,N-diisopropyl-tryptamine (4-AcO-DiPT: 4-AcO-DIPT; 4-Acetoxy-MiPT).
4-Methoxy-N,N-dimethyltryptamine, some trade or other names: (4-MeO-DMT).
5-Hydroxytryptamine, some trade or other names: (5-HT).
5-acetoxy-N,N-dimethyltryptamine, some trade or other names: (5-AcO-DMT).
5-Methoxy-N,N-dipropyltryptamine, some trade or other names: (5-MeO-DPT).
d-Lysergic acid amide, some trade or other names: (LSA; ergine).
2,5-dimethoxy-4-chloroamphetamine, some trade or other names: (DOC).
N-(2-Methoxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine, some trade or other names: (25I-NBOMe).
4-Ethyl-2,5-dimethoxyphenethylamine, some trade or other names: (2C-E).
2,5-Dimethoxy-4-iodophenethylamine, some trade or other names: (2C-I).
6-(2-Aminopropyl)-2,3-dihydrobenzofuran, some trade or other names: (6-APDB).
6-(2-Aminopropyl)benzofuran, some trade or other names: (6-APB).
5-(2-Aminopropyl)-2,3-dihydrobenzofuran, some trade or other names: (5-APDB).
5-(2-Aminopropyl)benzofuran, some trade or other names: (5-APB).
2,5-Dimethoxy-4-(n)-propylthiophenethylamine, some trade or other names: (2C-T-7).
2,5-Dimethoxy-4-(n)-propylphenethylamine, some trade or other names: (2C-P).
2,5-Dimethoxy-4-bromoamphetamine, some trade or other names: (DOB).
2,5-Dimethoxy-4-bromobenzylpiperazine, some trade or other names: (2C-B-BZP).
2,5-Dimethoxy-4-bromophenethylamine, some trade or other names: (2C-B).
2,5-Dimethoxy-4-chlorophenethylamine, some trade or other names: (2C-C).
2,5-Dimethoxy-(4-ethylthio)phenethylamine, some trade or other names: (2C-T-2).
2,5-Dimethoxy-4-iodoamphetamine, some trade or other names: (DOI).
2,5-Dimethoxy-4-methylamphetamine, some trade or other names: (DOM).
2,5-Dimethoxyphenethylamine, some trade or other names: (2C-H).
2-(2,5-Dimethoxyphenyl-4-bromo)-N-(2-methoxybenzyl)ethanamine, some trade or other names: (25B-NBOMe).
2-(2,5-Dimethoxyphenyl-4-chloro)-N-(2-methoxybenzyl)ethanamine, some trade or other names: (25C-NBOMe).
2-(2,5-Dimethoxyphenyl-4-ethyl)-N-(2-methoxybenzyl)ethanamine, some trade or other names: (25E-NBOMe).
2-Ethylmethcathinone, some trade or other names: (2-EMC).
2-(2,5-Dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, some trade or other names: (25H-NBOMe).
BZP (Benzylpiperazine).
para-Fluorophenylpiperazine.
1-(4-Methylphenyl)piperazine.
meta-Cholorophenylpiperazine.
para-Methoxyphenylpiperazine.
DBZP (1,4-dibenzylpiperazine).
TFMPP (3-Trifluoromethylphenylpiperazine).
2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine.
2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
2C-N 2,5-Dimethoxy-4-nitrophenethylamine.
5-methoxy-N,N-diallyltryptamine, some trade or other names: (5-MeO-DALT).
5-Methoxy-N,N-Diisopropyltryptamine, some trade or other names: (5-MeO-DIPT).
5-Methoxy-alpha-methyltryptamine, some trade or other names: (5-MeO-AMT).
4-Acetoxy-N,N-dimethyltryptamine, some trade or other names: (4-AcO-DMT).
4-Hydroxy-N,N-diethyltryptamine, some trade or other names: (4-HO-DET).
4-Hydroxy-N,N-diisopropyltryptamine, some trade or other names: (4-HO-DIPT).
4-Hydroxy-N-methyl-N-ethyltryptamine, some trade or other names: (4-OH-MET).
5-Methoxy-N,N-diethyltryptamine, some trade or other names: (5-MeO-DET).
5-Methoxy-N-methyl-N-isopropyltryptamine, some trade or other names: (5-MeO-MIPT).
4-Acetoxy-N,N-diethyltryptamine, some trade or other names: (4-AcO-DET).
4-Acetoxy-N-methyl-N-isopropyltryptamine, some trade or other names: (4-AcO-MIPT).
N,N-Dipropyltryptamine, some trade or other names: (DPT).
N,N-Diisopropyltryptamine, some trade or other names: (DIPT).
4-Methoxy-N-methyl-N-isopropyltryptamine, some trade or other names: (4-MeO-MIPT).
Tyramine (4-Hydroxyphenethylamine).
5-Hydroxy-alpha-methyltryptamine.
5-Hydroxy-N-methyltryptamine.
5-Methoxy-N,N-dimethyltryptamine.
5-Methyl-N,N-dimethyltryptamine.
Diphenylprolinol, some trade or other names: (D2PM; diphenyl-2-pyrrolidinemethanol).
3,4 Dichloromethylphenidate, some trade or other names: (3,4-CTMP).
3-chloromethyl-phenidate, some trade or other names: (3-CTMP).
4-Methylmethylphenidate.
4-Fluoromethyl-phenidate, some trade or other names: (4-FTMP).
Ethylphenidate.
Etizolam (Etilaam, Etizola, Sedekopan, Pasaden, Depas).
Phenazepam.
Pyrazolam.
CL-218,872.
Zopiclone.
Salvinorin A.
AH-7921.
O-Desmethyltramadol, some trade or other names: (O-DT; ODT).
Desmorphine (Dihydrodesoxymorphine; permonid; krokodil; crocodile).
Acetyl Fentanyl (desmethylfentanyl).
1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45).
1-(2-methoxyphenyl)piperazine, some trade or other names: (MOPIP).
1-(4-Chlorophenyl)piperazine, some trade or other names: (pCPP).
para-Methoxyphenyl-piperazine, some trade or other names: (MBZP).
Methylmethaqualone.
Etaqualone.
5-Iodo-2-aminoindane, some trade or other names: (5-IAI).
5,6-(Methylenedioxy)-2-aminoindane, some trade or other names: (5,6-MDAI).
4,5-(Methylenedioxy)-2-aminoindane, some trade or other names: (4,5-MDAI).
MMAI.
W-15.
W-18.
Mitragynine.
Hydroxymitragynine.
Butyrfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-pyridinyl]butyramide).
Beta-Hydroxythiofentanyl (N-phenyl-N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperdinyl}-propanamide).
4-methylphenethyl acetyl fentanyl (N-phenyl-N-{1-[2-(4-methylphenyl)ethyl]-4-piperdinyl}-acetamide).
Acrylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperdinyl]-prop-2-enamide).
3-Allylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-(3s,4R)-3-prop-2-enyl-4-piperidinyl]-propanamide).
Benzodioxole fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-benzo[d][1,3]dioxole-5-carboxamide).
Benzyl carfentanil (N-phenyl-N-(1-benzyl-4-methylcarboxylate-4-piperidinyl)-propanamide).
Brifentanil (N-(2-fluorophenyl)-N-{(3R,4S)-1-[2-(4-ethyl-5-oxotetrazol-1-yl)ethyl]-3-methyl-4-piperdinyl}-2-methoxyacetamide).
Cyclopentylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl)-cyclopentanecarboxamide).
2,5-Dimethylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-2,5-dimethyl-4-piperidinyl]-propranamide).
4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl)-isobutyramide).
Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide).
Furanylethyl fentanyl (N-phenyl-N-[1-(2-furanylethyl)-4-piperidinyl]-propanamide).
Isobutyryl fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperdinyl]-2-methylpropanamide).
Lofentanil (N-phenyl-N-[1-(2-phenylethyl)-(3R,4S)-3-methyl-4-methylcarboxylate-4-piperidinyl]-propanamide).
4-Methoxybutyrfentanyl (N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butyramide).
4-Methoxymethylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-methoxymethyl-4-piperidinyl]-propanamide).
Meta-fluorobutyryl fentanyl (N-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidnyl)-butyramide).
Meta-fluorofentanyl (N-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidnyl)-propanamide).
3-Methylbutyrfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butyramide).
N-Methylcarfentanyl (N-phenyl-N-(1-methyl-4-methylcarboxylate-4-piperidinyl)-propanamide).
Methoxyacetylfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-methoxyacetamide).
Mirfentanyl (N-(2-pyrazinyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furamide).
Ocfentanil (N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperdinyl]-2-methoxyacetamide).
Ohmefentanyl (N-phenyl-N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-propanamide).
Ortho-fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidnyl)-butyramide).
Ortho-fluorofentanyl (N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidnyl)-propanamide).
Para-chlorofentanyl (N-(4-chlorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide).
Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-isobutyramide).
4-Fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butyramide).
Para-methoxyfentanyl (N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide).
Para-methylfentanyl (N-(4-methylphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide).
4-Phenyl fentanyl (N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4-piperidinyl]-propanamide).
Trefentanyl (N-(2-fluorophenyl)-N-{1-[2-(4-ethyl-5-oxo-4,5-dihydro-1H-tetrazol-1-yl)ethyl]-4-phenyl-4-piperdinyl}-propanamide).
Valeryl fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide).
Alpha-Methylacetylfentanyl (N-phenyl-N-[1-phenylpropan-2-yl)-4-piperidinyl]-acetamide).
Alpha-Methylbutyrfentanyl (N-phenyl-N-[1-phenylpropan-2-yl)-4-piperidinyl]-butyramide).
Alpha-Methylthiofentanyl (N-phenyl-N-[1-(1-thienyl-2-ylpropan-2-yl)-4-piperidinyl]-propanamide).
Beta-Hydroxy fentanyl (N-phenyl-N-[1-(2-hydroxy-2-phenylethyl)-4-piperidinyl]-propanamide).
Beta-Methyl fentanyl (N-phenyl-N-[1-(2-phenylpropyl)-4-piperdinyl]-propanamide).
U-47700 (3,4-Dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide).
W-19 ((Z)-N-{1-[2-(4-aminophenyl)ethyl]piperidin-2-ylidene}-4-chlorobenzenesulfonamide).
Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine).
Tianeptine.
(5)a. A synthetic controlled substance analogue, being a material, mixture, or preparation that contains any chemical structure of which is chemically similar to the chemical structure of any other controlled substance in Schedule I or Schedule II or that satisfies any one of the following:
Has a stimulant, depressant, or hallucinogenic effect on the central nervous system that mimics or is similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or Schedule II.
With respect to a particular person, if the person represents or intends that the substance have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or Schedule II and the substance is actually capable of producing a stimulant, depressant, or hallucinogenic effect on the central nervous system that mimics, is similar to, or is greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or Schedule II.
Has been demonstrated to have binding activity at one or more cannabinoid receptors.
Is capable of exhibiting cannabinoid-like activity.
Any compound structurally analogous to, mimicking, or derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl, whether or not substituted in the cyclohexyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-(2,2,3,3-tetramethylcyclopropoyl)indole or 1H-indol-3-yl-(2,2,3,3-tetramethylcyclopropoyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-(adamant-1-oyl)indole or 1H-indol-3-yl-(1-adamantyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent.
Any compound structurally analogous to, mimicking, or derived from N-(1-naphthalenyl)indole-3-carboxyamide or 1H-indol-(N-naphthyl)-3-carboxamide by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from N-(adamantan-1yl)indole-3-carboxyamide or 1H-indol-3-carboxamide-(1-adamantyl) by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent.
Any compound structurally analogous to, mimicking, or derived from N-(adamantan-1yl)indazole-3-carboxyamide or 1H-indazole-3-carboxamide-(1-adamantyl) by substitution at the nitrogen atom of the indazole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indazole ring to any extent.
Any compound structurally analogous to, mimicking, or derived from N-[(1S)-1-(aminocarbonyl)-2-methylpropoyl]indazole-3-carboxyamide or 1H-indazole-3-carboxamide-N-[(1S)-1-(aminocarbonyl)-2-methylpropoyl] by substitution at the nitrogen atom of the indazole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indazole ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-(1-naphthoyl)indazole or 1H-indazole-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indazole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent.
Any compound structurally analogous to, mimicking, or derived from 3-(carboxylic acid 8-quinolinyl ester)indole or 1H-indol-3-carboxylic acid-(8-quinolinyl)ester by substitution at the nitrogen atom of the indole ring by alkyl, alkyl halide, aryl halide, alkyl aryl halide, alkenyl, aliphatic alcohol, cycloalkylmethyl, cycloalkylethyl, (N-alkylpiperidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinoline ring to any extent.
Any compound structurally related to 2-(4-iodo-2,5-dimethoxyphenyl) ethanamine by substitution of the iodo moiety (4 position) with other halides, alkyl, alkyl halides, thioalkyl, cycloalkyl, cycloalkylhalides and/or substitution at the nitrogen atom of the ethanamine with alkyl, alkyl halide, alkenyl, cycloalkylmethyl, cycloalkylethyl, phenyl, benzyl whether or not further substituted in the (either) phenyl ring to any extent.
Any compound structurally related to 2,5-dimethoxy-4-chloroamphetamine by substitution of the chloro moiety (4 position) with other halides, alkyl, alkyl halides, thioalkyl, cycloalkyl, cycloalkylhalides and/or substitution at the nitrogen atom with alkyl, alkyl halide, alkenyl, cycloalkylmethyl, cycloalkylethyl, phenyl, benzyl whether or not further substituted in the (either) phenyl ring to any extent.
Any compound structurally related to 2-amino-1-phenyl-1-propanone (cathinone) by substitution of the amine with alkyl, alkyl halide, alkenyl, cycloalkylmethyl, cycloalkylethyl, phenyl, benzyl whether or not further substituted in the (either) phenyl ring to any extent.
Any compound structurally related to a-pyrrolidinopentiophenone (a-pvp) whether or not further substituted in the phenyl ring to any extent, whether or not further substituted in the pyrrolidine ring to any extent.
b. A synthetic controlled substance or analogue in subdivision (4) or this subdivision does not include any of the following:
Any substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act.
With respect to a particular person, any substance, if an exemption is in effect for investigational use, for that person, as provided by 21 U.S.C. § 355, and the person is registered as a controlled substance researcher as required under section 152.12, subdivision 3, to the extent conduct with respect to the substance is pursuant to the exemption and registration.
c. A controlled substance analogue is treated as a controlled substance in Schedule I.
d. After the Alabama Department of Forensic Sciences has determined a substance to be a synthetic controlled substance analogue under this section, the department shall notify the Alabama Department of Public Health with information relevant to scheduling as provided by Section 20-2-20.
(Acts 1971, No. 1407, p. 2378, §204; Act 2012-267, p. 517, §§1, 2; Act 2014-184, p. 530, §2; Act 2015-316, p. 954, §1(b)(1); Act 2015-368, §1(b)(1); Act 2016-279, p. 688, §1; Act 2018-552, §1; Act 2019-502, §1; Act 2021-325, §1.)
The State Board of Health shall place a substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
(Acts 1971, No. 1407, p. 2378, §205.)
The controlled substances listed in this section are included in Schedule II:
(1) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by combination of extraction and chemical synthesis:
a. Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate.
b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph a, but not including the isoquinoline alkaloids of opium.
c. Opium poppy and poppy straw.
d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
e. Phenibut and any salt, sulfate, free acid, or other preparation of phenibut, and any salt, sulfate, free acid, compound, derivative, precursor, or preparation thereof that is chemically equivalent or identical with phenibut.
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
a. Alphaprodine;
b. Anileridine;
c. Bezitramide;
d. Dihydrocodeine;
e. Diphenoxylate;
f. Fentanyl;
g. Isomethadone;
h. Levomethorphan;
i. Levorphanol;
j. Metazocine;
k. Methadone;
l. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
m. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
n. Pethidine;
o. Pethidine - Intermediate-A, 4-cyano-l-methyl-4-phenylpiperidine;
p. Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
q. Pethidine - Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
r. Phenazocine;
s. Piminodine;
t. Racemethorphan;
u. Racemorphan.
(Acts 1971, No. 1407, p. 2378, §206; Act 2021-325, §1.)
The State Board of Health shall place a substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the substances listed in schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(Acts 1971, No. 1407, p. 2378, §207.)
(a) The controlled substances listed in this section are included in Schedule III:
(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
a. Amphetamine, its salts, optical isomers, and salts of its optical isomers;
b. Phenmetrazine and its salts;
c. Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
d. Methylphenidate.
(2) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a. Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
b. Chlorhexadol;
c. Glutethimide;
d. Lysergic acid;
e. Lysergic acid amide;
f. Methyprylon;
g. Phencyclidine;
h. Sulfondiethylmethane;
i. Sulfonethylmethane;
j. Sulfonmethane.
(3) Nalorphine.
(4) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof:
a. Not more than 1.8 grams of codeine or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
b. Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
c. Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
d. Not more than 300 milligrams of dihydrocodeinone or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
e. Not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
f. Not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;
g. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
h. Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(b) The State Board of Health may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subdivisions (1) and (2) of subsection (a) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
(Acts 1971, No. 1407, p. 2378, §208.)
The State Board of Health shall place a substance in Schedule IV if it finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
(Acts 1971, No. 1407, p. 2378, §209.)
(a) The controlled substances listed in this section are included in Schedule IV:
(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a. Barbital;
b. Chloral betaine;
c. Chloral hydrate;
d. Ethchlorvynol;
e. Ethinamate;
f. Methohexital;
g. Meprobamate;
h. Methylphenobarbital;
i. Paraldehyde;
j. Petrichloral;
k. Phenobarbital.
(b) The State Board of Health may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (a) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
(Acts 1971, No. 1407, p. 2378, §210.)
The State Board of Health shall place a substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
(Acts 1971, No. 1407, p. 2378, §211.)
The controlled substances listed in this section are included in Schedule V:
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
a. Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;
b. Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;
c. Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;
d. Not more than 2.5 milligrams of diphenozylate and not less than 25 micrograms of atropine sulfate per dosage unit;
e. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(Acts 1971, No. 1407, p. 2378, §212.)
The State Board of Health shall revise and republish the schedules annually.
(Acts 1971, No. 1407, p. 2378, §213.)
(a) The certifying boards shall promulgate rules and charge reasonable fees to defray expenses incurred in registration and administration of the provisions of this article in regard to the manufacture, dispensing, or distribution of controlled substances within the state.
(b) The fees collected to defray expenses shall be retained by the certifying boards.
(Acts 1971, No. 1407, p. 2378, §301; Acts 1976, No. 699, p. 965, §2.)
(a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtain annually a registration issued by the certifying boards in accordance with its rules.
(b) Persons registered by the certifying boards under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
(c) The following persons need not register and may lawfully possess controlled substances under this article:
(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman or an employee thereof whose possession of any controlled substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d) The certifying boards may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if they find it consistent with the public health and safety.
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f) The certifying boards may inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by them.
(Acts 1971, No. 1407, p. 2378, §302.)
(a) The certifying boards shall register only an applicant certified by their respective boards to manufacture, dispense, or distribute controlled substances enumerated in Schedules I, II, III, IV and V; provided, that the State Board of Pharmacy shall register all manufacturers and wholesalers unless they determine that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the above-mentioned boards shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant’s establishment of effective controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material in any application filed under this article;
(6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The State Board of Health need not require separate registration under this article for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.
(Acts 1971, No. 1407, p. 2378, §303; Acts 1976, No. 699, p. 965, §3.)
(a) Before denying, suspending, or revoking a registration or refusing a renewal of registration, the certifying boards shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the certifying board at a time and place not less than 30 days after the date of service of the order, but in the case of a denial of renewal of registration the show cause order shall be served not later than 30 days before the expiration of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative Procedure Act and the procedures established by the respective certifying board without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
(b) Anyone adversely affected by any order of a certifying board denying, suspending, or revoking a registration or refusing the renewal of a registration, whether or not such suspension, revocation, or registration is limited, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the certifying board suspending, revoking, or restricting a registration. The suspension, revocation, or restriction of a registration shall be given immediate effect, and no stay or supersedeas shall be granted pending judicial review of a decision by the certifying board to suspend, revoke, or restrict a registration unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the certifying board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion. Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of the administrative decisions of a certifying board, including writ of mandamus, or judicial review pursuant to the Alabama Administrative Procedure Act, must be filed, commenced, and maintained in the Circuit Court of Montgomery County, Alabama.
(d) From the judgment of the circuit court, either the certifying board or the affected party who invoked the review may obtain a review of any final judgement of the circuit court under Section 41-22-21. No security shall be required of the certifying board.
(Acts 1971, No. 1407, p. 2378, §305; Acts 1982, No. 82-492, p. 815, §2; Act 2002-140, p. 359, §3.)
(a) A registration under Section 20-2-52 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the certifying boards upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any application filed under this article;
(2) Has been convicted of a crime under any state or federal law relating to any controlled substance;
(3) Has had his or her federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;
(4) Has violated the provisions of Chapter 23 of Title 34; or
(5) Has, in the opinion of the certifying board, excessively dispensed controlled substances for any of his patients.
or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol must be submitted to and reviewed and approved by the State Board of Medical Examiners before the investigation has begun. A physician prescribing, ordering, or otherwise distributing the controlled substances listed above in the manner permitted by this subsection shall maintain a complete record which must include documentation of the diagnosis and reason for prescribing, the name, dose, strength, and quantity of the drug, and the date prescribed or distributed. The records required under this subsection shall be made available for inspection by the certifying board or its authorized representative upon request. Those Schedule II stimulant drugs enumerated above shall not be dispensed or prescribed for the treatment or control of exogenous obesity.
(b) The certifying boards may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) If the certifying boards suspend or revoke a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(d) The certifying boards shall promptly notify the Drug Enforcement Administration of the United States Department of Justice of all orders suspending or revoking registration and all forfeitures of controlled substances.
(Acts 1971, No. 1407, p. 2378, §304; Acts 1979, No. 79-204, p. 313, §1; Acts 1983, 4th Ex. Sess., No. 83-890, §2; Act 2001-971, 3rd Sp. Sess., p. 873, §2.)
The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners, and the Medical Licensure Commission are each authorized to promulgate such rules and regulations as may be required to implement the provisions of this chapter.
(Acts 1983, 4th Ex. Sess., No. 83-890, §4.)
The certifying boards may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 20-2-54 or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the certifying boards or dissolved by a court of competent jurisdiction.
(Acts 1971, No. 1407, p. 2378, §305.)
Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules issued by the State Board of Medical Examiners, the State Board of Health, or the State Board of Pharmacy.
(Acts 1971, No. 1407, p. 2378, §306; Acts 1976, No. 699, p. 965, §4.)
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
(Acts 1971, No. 1407, p. 2378, §307.)
(a) Except as otherwise provided in this section or as otherwise provided by law, a pharmacist may dispense directly a controlled substance in Schedule II only pursuant to a written prescription signed by the practitioner. Except as provided in subsections (b) and (c), a prescription for a Schedule II controlled substance may be transmitted by the practitioner or the agent of the practitioner to a pharmacy via facsimile equipment; provided, the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance.
(b) A prescription written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner or the agent of the practitioner to the home infusion pharmacy by facsimile. The facsimile shall serve as the original written prescription.
(c) A prescription written for Schedule II substances for a resident of a long-term care facility may be transmitted by the practitioner or the agent of the practitioner to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription.
(d) Each registered pharmacy shall maintain the inventories and records of controlled substances as follows:
(1) Inventories and records of all controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy, and prescriptions for the substances shall be maintained in a separate prescription file.
(2) Inventories and records of controlled substances listed in Schedules III, IV, and V shall be maintained either separately from all other records of the pharmacy or in the form that the information required is readily retrievable from ordinary business records of the pharmacy, and prescriptions for the substances shall be maintained either in a separate prescription file for controlled substances listed in Schedules III, IV, and V only or in the form that they are readily retrievable from the other prescription records of the pharmacy.
(e) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug as determined under State Board of Health statute, may not be dispensed without a written or oral prescription of a practitioner. The prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
(f) A practitioner or pharmacist may not knowingly or intentionally prescribe, administer, or dispense a controlled substance enumerated in Schedules II through V except for a legitimate medical purpose pursuant to a prescription by a practitioner acting in the usual course of his or her professional practice.
(g) In an emergency situation, a pharmacist may dispense a Schedule II controlled substance for a resident of a long-term care facility, a patient receiving hospice services, or a patient receiving home health care services pursuant to an emergency oral prescription transmitted by the practitioner to the dispensing pharmacy. The quantity dispensed pursuant to an emergency oral prescription shall be limited to the amount adequate to treat the patient during the emergency period, not to exceed 72 hours. The practitioner, within seven days of the emergency oral prescription, shall provide the dispensing pharmacy with a written prescription for the quantity prescribed.
(Acts 1971, No. 1407, p. 2378, §308; Acts 1995, No. 95-732, p. 1565, §1; Act 98-617, p. 1358, §1; Act 2006-183, p. 256, §1; Act 2019-537, §1.)
As used in this article the following words shall have the following meanings:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following:
a. A supervising physician, or, in his or her presence, his or her authorized agent.
b. An assistant to physician.
c. The patient at the direction and in the presence of the supervising physician or assistant to physician.
(2) ASSISTANT TO PHYSICIAN. Any person who is a graduate of an approved program, is licensed by the board, and is registered by the board to perform medical services under the supervision of a physician approved by the board to supervise an assistant to physician.
(3) BOARD. The Board of Medical Examiners of the State of Alabama.
(4) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to physician and a supervising physician under whom the assistant to physician is authorized to practice as evidenced by a written job description approved in accordance with Article 7, Chapter 24, Title 34. Physician supervision requires that there shall be at all times a direct continuing and close supervisory relationship between the assistant to physician and the supervising physician to whom that assistant is registered. The term supervision does not require direct on-site supervision of the assistant to physician; however, it does require the professional oversight and direction as may be required by the regulations and guidelines of the board.
(5) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.
(6) PRESCRIPTION. Any order for a controlled substance written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent supervising physician or assistant to physician authorized by law to prescribe and administer such drug which is intended to be filled, compounded, or dispensed by a pharmacist.
(7) SUPERVISING PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine in Alabama who has been approved by the board to supervise assistants to physicians and who holds a valid, current, and unrestricted Alabama Controlled Substances Registration Certificate.
(Act 2009-489, p. 891, §1.)
(a) The board is designated as the certifying board for the registration and approval of an assistant to physician in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate. The board is authorized to adopt regulations concerning the application procedures, fees, fines, punishments, and conduct of any disciplinary hearings for such applicants. The board shall establish a unique Qualified Alabama Controlled Substances Registration Certificate number that identifies the particular applicant as an assistant to physician with a valid Qualified Alabama Controlled Substances Registration Certificate.
(b) The board, and its agents, attorneys, or investigators shall be permitted access to the records of any assistant to physician, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC or the possible violations of any provisions of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.
(c) The board may establish protocols, formularies, or medical regimens which relate to, govern, or regulate a QACSC, and any such protocol, formulary, or medical regimen shall not be considered a rule or regulation under the Alabama Administrative Procedure Act.
(Act 2009-489, p. 891, §1.)
The board may grant a Qualified Alabama Controlled Substances Registration Certificate to an assistant to physician who:
(1) Is practicing with appropriate physician supervision as defined herein and in accordance with this article; Title 34, Chapter 24, Article 7, and all rules and regulations pertaining to physician supervision between qualified physicians and qualified assistants to physicians.
(2) Submits proof of successful completion of a course or courses approved by the board which includes advanced pharmacology and prescribing trends relating to controlled substances.
(3) Provides accurate and complete documentation of a minimum of 12 months of active, clinical employment with physician supervision following National Commission on Certification of Physician Assistants (NCCPA) certification.
(Act 2009-489, p. 891, §1.)
(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate and a valid registration number issued by the United States Drug Enforcement Administration, an assistant to physician may prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedules III, IV, and V of Article 2 of Chapter 2 of this title in accordance with rules adopted by the board and any protocols, formularies, and medical regimens established by the board for regulation of a QACSC.
(b) An assistant to physician shall not utilize his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.
(c) An assistant to physician authorized to prescribe, administer, or dispense controlled substances in accordance with this article shall not prescribe, administer, or dispense any controlled substance to his or her own self, spouse, child, or parent.
(Act 2009-489, p. 891, §1.)
The board may deny an application of an assistant to physician requesting a Qualified Alabama Controlled Substances Registration Certificate, deny a request for a renewal of a QACSC, or initiate disciplinary action against an assistant to physician possessing a Qualified Alabama Controlled Substances Registration Certificate based on the following grounds:
(1) Fraud or deceit in applying for, procuring, or attempting to procure a Qualified Alabama Controlled Substances Registration Certificate in the State of Alabama.
(2) Conviction of a crime under any state or federal law relating to any controlled substance.
(3) Conviction of a crime or offense which affects the ability of the assistant to physician to practice with due regard for the health or safety of his or her patients.
(4) Prescribing a drug or utilizing a Qualified Alabama Controlled Substances Registration Certificate in such a manner as to endanger the health of any person or patient of the assistant to physician or supervising physician.
(5) Suspension or revocation of the registration number issued to the assistant to physician by the United States Drug Enforcement Administration.
(6) Excessive dispensing or prescribing of any drug to any person or patient of the assistant to physician or supervising physician.
(7) Unfitness or incompetence due to the use of or dependence on alcohol, chemicals, or any mood altering drug to such an extent as to render the assistant to physician unsafe or unreliable to prescribe drugs or to hold a Qualified Alabama Controlled Substances Registration Certificate.
(8) Any violation of a requirement set forth in this article or a rule adopted pursuant to this article.
(Act 2009-489, p. 891, §1.)
(a) Any hearing for disciplinary action against an assistant to physician holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations of this article shall be before the board.
(b) The board shall have the authority to restrict, suspend, or revoke a Qualified Alabama Controlled Substances Registration Certificate, or to assess an administrative fine against a Qualified Alabama Controlled Substances Registration Certificate whenever an assistant to physician shall be found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-64. The board shall also have the authority to reinstate or to deny reinstatement of a Qualified Alabama Controlled Substances Registration Certificate.
(c) The board may limit revocation or suspension of a Qualified Alabama Controlled Substances Registration Certificate to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(d) The board shall promptly notify the Drug Enforcement Administration of the United States Department of Justice of all orders suspending or revoking a Qualified Alabama Controlled Substances Registration Certificate.
(e) Any hearing conducted before the board shall be considered a contested case under the Alabama Administrative Procedure Act, Section 41-22-1, and shall be conducted in accordance with the requirements of that act.
(Act 2009-489, p. 891, §1.)
(a) An assistant to physician adversely affected by an order of the board denying an application for a Qualified Alabama Controlled Substances Registration Certificate or the renewal of a Qualified Alabama Controlled Substances Registration Certificate may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) An assistant to physician adversely affected by an order of the board suspending, revoking, or restricting a Qualified Alabama Controlled Substances Registration Certificate, whether or not such suspension, revocation, or restriction is limited; assessing an administrative fine; or denying reinstatement of a Qualified Alabama Controlled Substances Registration Certificate, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the board suspending, revoking, or restricting a Qualified Alabama Controlled Substances Registration Certificate. The suspension, revocation, or restriction of a Qualified Alabama Controlled Substances Registration Certificate shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke, or restrict a Qualified Alabama Controlled Substances Registration Certificate unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious or constituted a gross abuse of discretion.
(d) From the judgment of the circuit court, either the board or the affected party who invoked judicial review may obtain a review of any final judgment of the circuit court under Section 41-22-21. No security shall be required of the board.
(Act 2009-489, p. 891, §1.)
(a) The board is authorized to charge and collect fees to defray expenses incurred in the registration and issuance of Qualified Alabama Controlled Substances Registration Certificates and the administration of the provisions of this article. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.
(b) The board may require an assistant to physician who has been found to be in violation of Section 20-2-64 or whose application for a Qualified Alabama Controlled Substances Registration Certificate or its renewal or reinstatement has been denied, to pay the administrative costs, fees, and expenses of the board incurred in connection with any proceedings before the board referred to in Section 20-2-65 or in connection with any investigation of the board to determine eligibility of an applicant for a Qualified Alabama Controlled Substances Registration Certificate including, but not limited to, the actual costs of independent medical review and expert testimony, fees, and expenses paid to outside counsel by the board, deposition, costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in rules published by the board. Payment of any such costs, fees, or expenses ordered by the board shall be made and enforced in the same manner as an administrative fine.
(c) Any administrative fine assessed by the board shall be paid to the board and shall not exceed the amount of one thousand dollars ($1,000) for each violation of any of the provisions of Section 20-2-64, or any rule or regulation promulgated by the board. Any administrative fine collected by the board may be expended for the general operation of the board.
(Act 2009-489, p. 891, §1.)
Any member of the board, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing conducted by the board as authorized in this article, shall be immune from any lawsuit or legal proceeding for any conduct in the course of his or her official duties with respect to such investigations or hearings.
(Act 2009-489, p. 891, §1.)
The board may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
(Act 2009-489, p. 891, §1.)
(a) It is unlawful for any person:
(1) To knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58;
(2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter; provided, however, that upon the first conviction of a violator under this provision the violator shall be guilty of a Class A misdemeanor. Subsequent convictions shall subject the violator to the felony penalty provision set forth in subsection (b);
(4) To refuse an entry into any premises for any inspection authorized by this chapter; or
(5) To knowingly keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter.
(b) Any person who violates this section is guilty of a Class B felony.
(Acts 1971, No. 1407, p. 2378, §402; Acts 1987, No. 87-603, p. 1047, §6; Act 2019-537, §1.)
(a) It is unlawful for any person:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 20-2-57;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance or a precursor chemical enumerated in Section 20-2-181 by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in or omit any material information from any application, report, or other document required to be kept or filed under this chapter or any record required to be kept by this chapter; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b) Any person who violates this section is guilty of a Class B felony, except that any person who violates subdivision (a)(3) of this section is guilty of a Class C felony.
(Acts 1971, No. 1407, p. 2378, §403; Acts 1987, No. 87-603, p. 1047, §7; Act 2012-237, p. 445, §2.)
(a) It shall be unlawful for any practitioner of dentistry to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for any person not under his treatment in his regular practice of his profession or for any practitioner of veterinary medicine to prescribe, administer, or dispense any controlled substance enumerated in Schedules I through V for the use of human beings; provided, however, that the provisions of this section shall be construed not to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of substances enumerated in Schedules I through V who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of maintaining addiction or abuse.
(b) Any person who violates this section shall be guilty of a Class B felony.
(Acts 1971, No. 1407, p. 2378, §505; Acts 1987, No. 87-603, p. 1047, §9.)
Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law.
(Acts 1971, No. 1407, p. 2378, §404.)
(a) The State Board of Pharmacy and its drug investigators shall enforce this chapter. The agents and officers of the Alabama State Law Enforcement Agency, the drug and narcotic agents and inspectors of the State Board of Health, the investigators of the State Board of Medical Examiners, the investigators of the Board of Dental Examiners, and all peace officers of the state and all prosecuting attorneys are also charged with the enforcement of this chapter. The agents and officers of the Alabama State Law Enforcement Agency, the drug investigators of the State Board of Pharmacy, the investigators of the State Board of Medical Examiners, the investigators of the Board of Dental Examiners, and the drug and narcotic agents and inspectors of the State Board of Health shall have the powers of peace officers in the performance of their duties to:
(1) Make arrests without warrant for any offense under this chapter committed in their presence, or if they have probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter which may constitute a felony.
(2) Make seizures of property pursuant to this chapter.
(3) Carry firearms in the performance of their official duties.
(b) In addition to the requirements of subsection (a), drug investigators of the State Board of Pharmacy shall, beginning October 1, 1993, meet the minimum standards required of peace officers in this state.
(Acts 1971, No. 1407, p. 2378, §501; Acts 1981, No. 81-657, p. 1073; Acts 1987, No. 87-578, p. 923, §1; Acts 1993, No. 93-671, p. 1209, §3; Act 2017-422, §1.)
(a) Prescriptions, orders, and records required by this chapter and stocks of controlled substances enumerated in Schedules I, II, III, IV, and V shall be open for inspection only to federal, state, county, and municipal officers, the investigators of the Board of Dental Examiners, and the agents and officers of the Alabama State Law Enforcement Agency whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
(b) No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
(Acts 1971, No. 1407, p. 2378, §502; Acts 1987, No. 87-578, p. 923, §1.)
(a) The circuit courts of this state have jurisdiction to restrain or enjoin violations of this chapter.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or temporary restraining order under this section.
(Acts 1971, No. 1407, p. 2378, §503.)
(a) For the purposes of this section only, the following words shall have the following meanings:
(1) CHARGEABLE CRIMINAL OFFENSE. An offense in which property is used or otherwise implicated as property subject to forfeiture under subsection (b). The term includes any act that could be charged as a felony or misdemeanor, regardless of whether a formal criminal prosecution or delinquency proceeding has begun at the time the forfeiture was initiated.
(2) CONTRABAND. All property as described in subsections (t) and (u). The term includes drug paraphernalia, as defined in Section 13A-12-260, and illegal firearms.
(3) FORFEITURE ACTION. A civil action to forfeit property to the state which is initiated by the prosecuting authority in accordance with this section.
(4) INNOCENT OWNER. A bona fide purchaser, lienholder, mortgagee, or other owner, other than a defendant, of property that is subject to forfeiture, including any of the following:
a. A person who has a valid claim, lien, or other interest in the property seized, who did not have knowledge or consent to the conduct that caused the property to be forfeited, seized, or abandoned under subsection (n) and which property is subject to the requirements of subsection (w).
b. A person who has an interest in the property and did not participate in the commission of a crime or delinquent act giving rise to the forfeiture.
(5) INVENTORY. A written, itemized list of all property seized under this section that names all persons to whom the inventory is given at the time of the seizure, as provided in Rule 3.11 of the Alabama Rules of Criminal Procedure.
(6) KNOWLEDGE. An awareness or understanding of information, a fact, or a condition.
(7) PROSECUTING AUTHORITY. The Attorney General, a district attorney, or a designee thereof.
(8) RESPONDENT. Any person asserting a claim or interest in the property subject to the forfeiture action.
(9) SEIZING AGENCY. A state, county, or municipal law enforcement agency or department that seizes property in accordance with this section.
(10) SEIZURE ORDER. A written order issued by a court in connection with a seizure, establishing that probable cause exists to believe that the seizure is valid as described by this section. The term includes, but is not limited to, a search warrant issued pursuant to Article 1, commencing with Section 15-5-1, of Chapter 5 of Title 15.
(b) The following are subject to seizure and forfeiture:
(1) All controlled substances that have been grown, manufactured, distributed, dispensed, or acquired in violation of any law of this state.
(2) All raw materials, products, and equipment of any kind that are used or intended for use in manufacturing, cultivating, growing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of any law of this state.
(3) All monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of any law of this state; all proceeds traceable to such an exchange; and all monies, negotiable instruments, and securities used or intended to be used to facilitate any violation of any law of this state concerning controlled substances.
(4) All property that is used or intended for use as a container for property described in subdivision (1), (2), or (3).
(5) All conveyances, including aircraft, vehicles, or vessels, or agricultural machinery, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of, any property described in subdivision (1), (2), or (3) .
(6) All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used or intended for use in violation of any law of this state concerning controlled substances.
(7) All imitation controlled substances, as defined under the laws of this state.
(8) All real property or fixtures used or intended to be used for the manufacture, cultivation, growth, receipt, storage, handling, distribution, or sale of any controlled substance in violation of any law of this state.
(9) All property of any type whatsoever constituting, or derived from, any proceeds obtained directly, or indirectly, from any violation of any law of this state concerning controlled substances.
(c)(1) All of the following are exempt from seizure and forfeiture under this section:
a. United States currency totaling two hundred fifty dollars ($250) or less.
b. A motor vehicle that is less than five thousand dollars ($5,000) in market value.
(2) For purposes of seizures and forfeitures under subdivision (1), the Attorney General shall advise law enforcement agencies of publications the agencies may use to establish the value of a motor vehicle.
(3) The district attorney for a judicial circuit may increase the minimum dollar amounts provided in subdivision (1) for seizures and forfeitures that occur within the judicial circuit.
(d) Except as provided in subsection (c), property subject to forfeiture under this section may be seized by a seizing agency upon process issued by any court having jurisdiction over the property. Seizure without process may be made under any of the following conditions:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant.
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter.
(3) The seizing agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety.
(4) The seizing agency has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(e)(1) In the event of a seizure pursuant to subsection (d), proceedings under subsection (p) shall be instituted promptly. Prior to the commencement of a forfeiture action by the prosecuting authority under this section against property not seized pursuant to a warrant, the seizing agency shall do all of the following:
a. Within seven business days, or an extension of time for good cause shown, after the seizure pursuant to subsection (d), obtain a seizure order from any circuit or district judge in the jurisdiction of the seizure.
b. Within 14 days after obtaining a seizure order under paragraph a., the seizing agency shall present the seizure order and an application for forfeiture, which shall include an inventory, to the prosecuting authority in the jurisdiction for consideration.
(2)a. Upon the issuance of a seizure order pursuant to this subsection, the clerk of the court for the jurisdiction shall establish a circuit civil case number and file the order in that case number, which shall become the case number for the forfeiture action should a prosecuting authority file a forfeiture action pursuant to subsection (g).
b. At the request of the seizing agency, the court may order the filing sealed to protect the confidentiality of any ongoing investigation or witnesses.
(3) If the prosecuting authority has not filed a forfeiture action pursuant to this section after 90 days from the date of the seizure order, the clerk shall notify the judge assigned to the case who may review the case with the prosecuting authority for a possible dismissal due to inaction. Pursuant to an order under this subsection, the property shall be tendered to the owner within 14 business days after the dismissal, unless the property is contraband, in which case the property shall be destroyed at the conclusion of the criminal case.
(4) On motion by the prosecuting authority, property otherwise due to be tendered to the owner pursuant to subdivision (3) or subsection (f) may be retained by the prosecuting authority for the duration of the criminal prosecution only if the prosecuting authority proves, by a preponderance of the evidence, that the seized property is necessary for evidentiary purposes in the criminal prosecution, and that the use of affidavits, photographic evidence, or other admissible evidence is an insufficient means to establish an element of the underlying criminal offense.
(f) A forfeiture action may only be instituted after a finding of probable cause by the prosecuting authority that the seizure is valid. If the prosecuting authority does not find probable cause that the seizure is valid, the property shall be tendered to the owner within 14 business days of the denial, unless the property is contraband, in which case the property shall be destroyed at the conclusion of the criminal case.
(g) Upon compliance with subsection (f), the prosecuting authority may file a forfeiture action in the circuit court under this section within 42 days, or a greater time upon a showing of good cause to the court, from the date of the seizure of the property.
(h) The seizing agency shall provide an inventory to any person in possession of the seized property at the time of the seizure. The inventory shall be prima facie evidence of notice of the seizure to any person served with the inventory at the time of the seizure.
(i)(1) Nothing in this section shall be construed to permit a seizing agency to conduct extrajudicial seizures or forfeitures.
(2) A law enforcement officer may not induce or require a person to waive, for purposes of a seizure or forfeiture action, the person’s interest in property.
(j) On motion of any party, the court may stay the proceedings under this section, including any requirement under the Alabama Rules of Civil Procedure.
(k) Nothing in this section shall prevent the pro tanto dismissal of any party pursuant to the Alabama Rules of Civil Procedure.
(l) An innocent owner may petition the court for a hearing under Section 15-5-63 at any time after seizure of property and before entry of a conviction in the related criminal case.
(m) The state may stipulate that the interest of an innocent owner is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action, and the filing of the stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, no further claim, answer, or pleading shall be required of the stipulated innocent owner or lienholder, and a judgment shall be entered exempting that interest from forfeiture. An order under this subsection shall waive all court costs.
(n) Convictions or adjudications of chargeable criminal offenses may be considered by the court as prima facie evidence that the property seized is contraband, proceeds, or instrumentalities, and is due to be forfeited. The conviction or adjudication may be proven by the court taking judicial notice or by providing a certified copy of the conviction or adjudication to the court.
(o) All civil forfeiture cases are in rem and all issues shall be tried in the circuit court without the presence of a jury. The state must prove by a preponderance of the evidence the property subject to forfeiture is an instrumentality of, or proceeds derived directly from, a chargeable criminal offense.
(p)(1) The state may file for a default judgment against any party at any time pursuant to the Alabama Rules of Civil Procedure unless the case is stayed under subsection (j). The state may satisfy its burden for a default judgment with testimony taken under oath, or by presenting a sworn to and notarized affidavit.
(2) A respondent shall be deemed to have abandoned the property and any claims to the property, and a default judgment may be entered by the court, upon the occurrence of any of the following:
a. The death of the respondent.
b. The deportation of the respondent.
c. The absconding of the respondent. Violation of bond in the underlying criminal case and the issuance of a failure to appear warrant is prima facie evidence of the respondent’s abandonment of the property.
(q) As part of an order of final judgment, pursuant to a trial or a default judgment hearing, the court shall not condemn and forfeit an instrumentality that is disproportionate to the underlying chargeable criminal offense or offenses that gave rise to the forfeiture action. Among other factors, the court may consider the following in determining whether a seizure is proportional to the underlying chargeable criminal offense or offenses:
(1) The extent to which the property was used in committing the chargeable criminal offense or offenses.
(2) The extent to which the respondent participated in the chargeable criminal offense or offenses.
(3) Any legitimate use of the property seized.
(4) The maximum possible prison sentence for the chargeable criminal offense or offenses.
(5) The maximum possible fines for the chargeable criminal offense or offenses.
(6) Possession of a firearm by the respondent during the chargeable criminal offense or offenses.
(7) The seriousness of the chargeable criminal offense or offenses and its impact on the community, including the duration of the activity and the harm caused.
(r) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the seizing agency, subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, the seizing agency may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the seizing agency.
(3) Require the seizing agency to take custody of the property and remove the property to an appropriate location for disposition in accordance with law.
(4) In the case of real property or fixtures, post notice of the seizure on the property, and file and record notice of the seizure in the probate office.
(s) When property is forfeited under this chapter, the seizing agency may do any of the following:
(1) Retain the property for official use; except for lawful currency of the United States of America which shall be disposed of in the same manner provided for the disposal of proceeds from a sale in subdivision (2) .
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds from the sale authorized by this subdivision shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or custody, advertising, and court costs; and the remaining proceeds from the sale shall be awarded and distributed by the court to the seizing agency or prosecuting authority following a determination of the court of which law enforcement agencies are determined by the court to have been a participant in the investigation resulting in the seizure and litigation. The award and distribution shall be made on the basis of the percentage, as determined by the court, of which respective law enforcement agency or prosecuting authority contributed to the police work or litigation resulting in the seizure and forfeiture. Provided, however, any proceeds from sales authorized by this section awarded by the court to a county or municipal law enforcement agency shall be deposited into the respective county or municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of the agency.
(3) Require the seizing agency to take custody of the property and remove it for disposition in accordance with law.
(t) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of any law of this state are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
(u) Species of plants from which controlled substances in Schedules I and II may be derived, which have been planted or cultivated in violation of any law of this state or of which the owners or cultivators are unknown or which are wild growths, are contraband and may be seized and summarily forfeited to the state.
(v) As used in this subsection, the term “false or secret compartment” means any enclosure that is integrated into or attached to a vehicle, the purpose of which enclosure is to conceal, hide, or prevent discovery of contraband by a law enforcement officer. The term includes, but is not limited to, false, altered, or modified fuel tanks; original factory equipment on a vehicle that has been modified; and any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle. Upon the seizure of a vehicle, the court may infer that the respondent intended to use a false or secret compartment to conceal a controlled substance or other contraband if the vehicle has a false or secret compartment that concealed a controlled substance or other contraband, or evidence is shown of the previous concealment of a controlled substance or other contraband within the false or secret compartment.
(w) An innocent owner’s interest in personal property, real property, or fixtures shall not be forfeited under this section for any act or omission unless the state proves by a preponderance of the evidence that the act or omission was committed or omitted with the knowledge or consent of that owner. An owner’s interest in any type of property other than real property, personal property, and fixtures shall be forfeited under this section unless the owner proves that the act or omission subjecting the property to forfeiture was committed or omitted without the owner’s knowledge or consent. Except as specifically provided to the contrary in this section, the procedures for the condemnation and forfeiture of property seized under this section shall be governed by and shall conform to the procedures set out in Sections 28-4-286 through 28-4-290, except that: (1) The burden of proof and standard of proof shall be as set out in this subsection instead of as set out in the last three lines of Section 28-4-290; and (2) the official filing the complaint shall also serve a copy of it on any person, corporation, or other entity having a perfected security interest in the property that is known to that official or that can be discovered through the exercise of reasonable diligence.
(x)(1) A prosecuting authority or seizing agency may not transfer or offer for adoption property seized under this section to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513 (Oct. 27, 1970), or other federal law, unless the property includes United States currency that exceeds ten thousand dollars ($10,000).
(2) Subdivision (1) only applies to a seizure by a state or local law enforcement agency pursuant to their own authority under this section and without involvement of the federal government. Nothing in subdivision (1) shall be construed to limit state and local agencies from participating in joint task forces with the federal government.
(3) State and local law enforcement agencies may not accept payment of any kind or distribution of forfeiture proceeds from the federal government if the state or local law enforcement agency violates subdivision (1). Any proceeds received as a result of any violation of subdivision (1) shall be directed to the State General Fund.
(Acts 1971, No. 1407, p. 2378, §504; Acts 1981, No. 81-413, p. 650; Acts 1982, No. 82-426, p. 670, §4; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Acts 1988, No. 88-651, p. 1038, §2; Acts 1989, No. 89-525, p. 1074; Acts 1990, No. 90-472, p. 689, §1; Act 2021-497, §1.)
This article shall be known as the “Controlled Substances Therapeutic Research Act.”
(Acts 1979, No. 79-472, p. 870, §1.)
The Legislature finds that recent research has shown that the use of cannabis may alleviate nausea and ill-effects of cancer chemotherapy, and may alleviate the ill-effects of glaucoma. The Legislature further finds that there is a need for further research and experimentation with regard to the use of cannabis under strictly controlled circumstances. It is for these purposes that the Controlled Substances Therapeutic Research Act is hereby established.
(Acts 1979, No. 79-472, p. 870, §2.)
As used in this article the following words, unless the context clearly indicates the contrary, shall have the following meanings:
(1) CONTROLLED SUBSTANCE. The same as is defined in subdivision (5) of Section 20-2-2, as amended;
(2) CANNABIS. The same as those substances defined in subdivision (15) of Section 20-2-2, as amended, and particularly those substances defined as tetrahydrocannabinols, or a chemical derivative thereof;
(3) PRACTITIONER A physician licensed to practice medicine in this state and particularly as herein enumerated.
(Acts 1979, No. 79-472, p. 870, §3.)
There is hereby established by the State Board of Medical Examiners the Controlled Substances Therapeutic Research Program. The board shall administer the program by a review committee. The board shall promulgate such rules and regulations as are necessary for the proper administration and implementation of the program. Such promulgations shall be formulated to consider those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, Food and Drug Administration and the National Institute on Drug Abuse.
(Acts 1979, No. 79-472, p. 870, §4.)
Except as herein otherwise provided, the Controlled Substances Therapeutic Research Program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the review committee by an authorized practitioner as being in such medical condition necessary for the treatment of glaucoma, or the side effects of chemotherapy in cancer patients; such authorization shall be upon such terms and conditions as may be consistent with the public health and safety. To the extent of the applicable authorization, persons are exempt from prosecution in this state for possession, production, manufacture, or delivery of cannabis.
(Acts 1979, No. 79-472, p. 870, §5.)
The review committee shall consist of: (a) one physician licensed to practice medicine in this state and certified by the American Board of Ophthalmology; (b) one physician licensed to practice medicine in this state, certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology; (c) one physician licensed to practice medicine in this state, certified in the specialty of pediatrics and also certified in the subspecialty of pediatrics oncology; (d) one physician licensed to practice medicine in this state, certified in the specialty of gynecology and also certified in the subspecialty of gynecological oncology; (e) one physician licensed to practice medicine in this state, certified in the specialty of radiology and also certified in the subspecialty of radiation oncology; and (f) the director of the Comprehensive Cancer Center of the University of Alabama in Birmingham.
(Acts 1979, No. 79-472, p. 870, §6.)
Only physicians in the practice of medicine as prescribed in Section 20-2-115 and specifically certified by the State Board of Medical Examiners to dispense cannabis under the provisions of this article, shall be practitioners hereunder. Each practitioner shall make application for recertification every three years.
(Acts 1979, No. 79-472, p. 870, §7; Acts 1981, No. 81-506, p. 869, §1.)
The State Board of Medical Examiners may apply to contract with the National Institute of Drug Abuse for receipt of cannabis pursuant to the regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Drug Enforcement Administration. The board may formulate and promulgate such guidelines as are necessary for dispensing cannabis consistent with the public health and safety and under strictly controlled circumstances. The board further may establish the rules and regulations requiring accurate reporting and accountability by each practitioner to the board and any federal agency as required by law.
(Acts 1979, No. 79-472, p. 870, §8; Acts 1981, No. 81-506, p. 869, §2.)
Each year, on or before the fifth day of the Regular Session of the Legislature the State Board of Medical Examiners, in conjunction with the board’s review committee, shall report their findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives, regarding the effectiveness of the controlled substances.
(Acts 1979, No. 79-472, p. 870, §9.)
The enumeration of cannabis, tetrahydrocannabinols or a chemical derivative thereof as a Schedule I or II controlled substance under Article 2 of Chapter 2 of Title 20, as amended, does not apply to the use of such drugs or chemical derivatives thereof pursuant to the provisions of this article.
(Acts 1979, No. 79-472, p. 870, §10.)
Any person or any practitioner who prescribes or dispenses cannabis or any of its derivatives for reasons other than outlined in this article upon conviction thereof shall be guilty of a felony and shall be punished as provided in Section 13A-12-211.
(Acts 1979, No. 79-472, p. 870, §11.)
This article shall be known and may be cited as the Imitation Controlled Substances Act.
(Acts 1982, No. 82-426, p. 670, §1.)
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2.
(2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend controlled drug, that is not a controlled substance, which by dosage unit appearance (including color, size, shape, and markings), and by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In the cases where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance” (for example as in the case of a powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:
a. Statements made by the owner or anyone else in control of the substance concerning the nature of the substance, its use or effect.
b. Statements made to the recipient that the substance may be resold for an inordinate profit.
c. Whether the substance is packaged in a manner normally used for illicit controlled substances.
d. Evasive tactics or actions utilized by the owner or person in control of this substance to avoid detection by law enforcement authorities.
e. Prior convictions, if any, of an owner or anyone in control of the substance, under state or federal law related to controlled substances or fraud.
f. The proximity of the substances to controlled substances.
(3) DISTRIBUTE. The actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
(4) MANUFACTURE. The production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of an imitation controlled substance.
(Acts 1982, No. 82-426, p. 670, §2; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)
It is the intent of the Legislature to remove the merchandising of the “imitation controlled substance” or “lookalike drug” from the street corners, school yards, and campuses of our state, not to interfere with the legitimate distribution of “over the counter” formulations used for the treatment of illness dispensed or sold by licensed practitioners.
(Acts 1982, No. 82-426, p. 670, §6.)
(a) Manufacture or distribution. It is unlawful for any person to manufacture, distribute, or possess with intent to distribute or sell an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class A misdemeanor under Title 13A.
(b) Distribution to a minor. Any person 18 years of age or older who violates subsection (a) of this section by distributing or selling an imitation controlled substance to a person under 18 years of age shall be guilty of a Class C felony under Title 13A.
(c) Possession. It is unlawful for any person to use or possess with intent to use, an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class C misdemeanor under Title 13A.
(d) Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution or sale of an imitation controlled substance. Any person who violates this subsection shall be guilty of a Class B misdemeanor under Title 13A.
(e) Immunity. No civil or criminal liability shall be imposed by virtue of this article on any person registered under Chapter 2 of Title 20 who manufactures, distributes, or possesses a placebo, or investigational new drug in the course of professional practice or research.
(Acts 1982, No. 82-426, p. 670, §3.)
Nothing in this article shall apply to a noncontrolled substance that was initially introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate.
(Acts 1982, No. 82-426, p. 670, §7.)
As used in this article and unless otherwise specified, the following terms are defined as follows:
(1) BOARD or BOARD OF PHARMACY. The Alabama State Board of Pharmacy.
(2) LISTED PRECURSOR CHEMICAL. A chemical substance specifically designated as such by the Alabama State Board of Pharmacy, that, in addition to legitimate uses, is used in the unlawful manufacture of a controlled substance or controlled substances.
(3) PERSON. Any individual, corporation, partnership, association, or other entity which manufactures, sells, transfers, or possesses a listed precursor chemical.
(Acts 1991, No. 91-589, p. 1085, §1; Act 2001-971, 3rd Sp. Sess., p. 873, §2.)
(a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed precursor chemicals.
(b) The Board of Pharmacy may subsequently by rule add chemicals as listed precursor chemicals following the criteria set forth in subdivision (2) of Section 20-2-180, and may also by rule delete any substance previously named as a listed precursor chemical. In no event shall a chemical also be designated as a listed precursor chemical if it has been determined to be a controlled substance or an immediate precursor chemical pursuant to the Alabama Uniform Controlled Substances Act, Section 20-2-1 et seq.
(c) If any chemical is designated or deleted as a listed precursor chemical under federal law and notice thereof is given to the Board of Pharmacy, the board shall similarly list or delete the substance under this article after the expiration of 30 days from publication in the federal register of a final rule or order designating or deleting such substance as a listed precursor chemical, unless, within 30 days from publication in the federal register of the final rule or order, the board objects to the designation or deletion. In that case, the board shall publish the reasons for objection in the Alabama Administrative Monthly and shall afford all interested parties an opportunity to submit written comments and to be heard. At the conclusion of the hearing and the comment period, the State Board of Pharmacy shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the designation or deletion by the board, the designation or deletion is stayed until the board publishes its decision. Notwithstanding the provisions of the Alabama Administrative Procedure Act, Sections 41-22-1 through 41-22-27, no further rulemaking or administrative proceedings shall be required of the board with respect to the designation or deletion of substances similarly designated or deleted under federal law.
(d) Until the Board of Pharmacy adopts a rule designating listed precursor chemicals, as required by subsection (a), the following chemicals or substances are hereby deemed listed precursor chemicals:
(1) Acetic anhydride;
(2) Anthranilic acid and its salts;
(3) Benzyl cyanide;
(4) Ephedrine, its salts, optical isomers, and salts of optical isomers;
(5) Ergonovine and its salts;
(6) Ergotamine and its salts;
(7) Hydriodic acid;
(8) Isosafrol;
(9) Methylamine;
(10) N-Acetylanthranilic acid and its salts;
(11) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(12) Phenylacetic acid and its salts;
(13) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
(14) Piperidine and its salts;
(15) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(16) Safrole; and
(17) 3,4-Methylenedioxyphenyl-2-propanone.
(Acts 1991, No. 91-589, p. 1085, §2.)
(a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire on December 31 of even-numbered years. Every holder of such a license in order to continue to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or her license at the discretion of the board. If any holder of such license fails to pay the renewal fee on or before the due date, the license may be reinstated only upon payment of a penalty of ten dollars ($10) for each lapsed month as prescribed by rule of the board.
(b) The procedure for obtaining a license to sell, transfer, manufacture, purchase for resale, or otherwise furnish a listed precursor chemical shall be as follows:
(1) Obtain an application from the Board of Pharmacy;
(2) Submit the application to the Board of Pharmacy;
(3) Demonstrate a legitimate reason to sell, transfer, or otherwise furnish listed precursor chemicals.
(c) The content of the application for a license shall include, but not be limited to, the following information:
(1) Name of business;
(2) Address of business other than a post office box number;
(3) Phone number of business;
(4) Names and addresses of business owners;
(5) Location of storage facility;
(6) Identification of listed precursor chemicals to be sold; and
(7) Criminal history of applicant.
(d) A licensee shall make an accurate and legible record of any transaction of listed precursor chemicals and maintain such record together with the following records for a period of at least two years:
(1) Inventory on hand;
(2) Purchase receipts;
(3) Manufacturing records including the date and quantity of any listed precursor chemicals manufactured, the quantity of listed precursor chemicals used in manufacturing any other substance or product, and the inventory on hand of listed precursor chemicals after the manufacturing of any other substance or product;
(4) Copies of the Board of Pharmacy licenses or permits;
(5) Records of substance disposal.
(Acts 1991, No. 91-589, p. 1085, §3; Act 2009-576, p. 1688, §1.)
(a) Any person having a legitimate need for using a listed precursor chemical defined in Section 20-2-181, shall apply in person to the Board of Pharmacy for a permit to possess such chemical each time said chemical is obtained.
(b) The following must be submitted in person to the Board of Pharmacy to receive a permit for possession of listed precursor chemicals:
(1) A driver’s license number or other personal identification certificate number, date of birth, residential or mailing address, other than a post office box number, and a driver’s license or personal identification card issued by the Alabama State Law Enforcement Agency which contains a photograph of the recipient;
(2) In the event the applicant is a corporation, the information in this section shall be required of the person making application for the permit. In addition, the person making application for the permit on behalf of a corporation shall disclose his relationship to the corporation;
(3) The make, model, model year, state where licensed, and license number of the motor vehicle owned and operated by the recipient;
(4) The serial number of the permit issued in the name of the recipient by the Board of Pharmacy pursuant to this section, which shall be obtained from personal observation of the permit;
(5) A complete description of how the chemical is to be used; and
(6) The location where the chemical is to be stored and used.
(c) The permit shall consist of three parts, including:
(1) The original to be retained by the Board of Pharmacy;
(2) A copy to be retained by the manufacturer, wholesaler, retailer, or other person furnishing listed precursor chemicals; and
(3) A copy to be attached to the container of the listed precursor chemical and to be kept with the chemicals at all times.
(Acts 1991, No. 91-589, p. 1085, §4.)
A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the license or permit holder has:
(1) Furnished false or fraudulent material information in any application filed under this article;
(2) Been convicted of a crime under any state or federal law relating to any controlled substance;
(3) Had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances;
(4) Violated the provisions of Chapter 23 of Title 34; or
(5) Failed to maintain effective controls against the diversion of said precursors to unauthorized persons or entities.
(Acts 1991, No. 91-589, p. 1085, §5.)
(a) Any person who sells, transfers, purchases for resale, or otherwise furnishes to a person in this state a listed precursor chemical shall submit a report of the transaction on a form obtained from the Board of Pharmacy that includes the information required by Section 20-2-183.
(b) The Board of Pharmacy shall supply, upon the request of any manufacturer, wholesaler, retailer, or other person who sells, transfers, purchases for resale, or otherwise furnishes a listed precursor chemical a form for the submission of:
(1) The report required by subsection (a);
(2) The name and measured amount of the listed precursor chemical delivered;
(3) Such other information as the board may require pursuant to agency rule of the Board of Pharmacy.
(Acts 1991, No. 91-589, p. 1085, §6.)
(a) Any person, licensed or permitted, who discovers a loss or theft of, or disposes of a chemical listed in Section 20-2-181 shall:
(1) Submit a report of the loss, theft, or disposal to the Board of Pharmacy no later than the third business day after the date the manufacturer, wholesaler, retailer, or other person discovers the loss or theft, or after the actual disposal; and
(2) Include the amount of loss, theft, or disposal in the report. Any disposal of listed precursor chemicals must be done in accordance with the rules and regulations of the United States Environmental Protection Administration and shall be performed at the expense of the permit or license holder.
(b) A manufacturer, wholesaler, retailer, or other person who sells, transfers, possesses, uses, or otherwise furnishes any listed precursor chemical shall:
(1) Maintain records as specified in Section 20-2-182, or as prescribed by the rule of the Board of Pharmacy;
(2) Permit law enforcement authorities to conduct on-site audits, inspections or inventories, and inspect all records made in accordance with this article at any reasonable time; and
(3) Cooperate with the audit, inspection or inventory, or copying of any records.
(Acts 1991, No. 91-589, p. 1085, §7.)
The Board of Pharmacy may adopt reasonable rules to effectuate the provisions of this article. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits or maintaining any records or forms required by this article and in the administration of the provisions of this article. Any fees to defray expenses as set forth above or in administering the provisions of this article shall be retained by the Board of Pharmacy.
(Acts 1991, No. 91-589, p. 1085, §8.)
(a) The provisions of this article shall not apply to the sale or transfer of products which include a listed precursor chemical if the product may be sold lawfully with a prescription or over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), or under a rule adopted pursuant to that act.
(b) Notwithstanding any other provision of this article, no person shall be required to obtain a listed precursor license or permit for the sale, receipt, transfer, manufacture, or possession of a listed precursor chemical when:
(1) Such person is a duly licensed physician, dentist, veterinarian, podiatrist, or pharmacist, when the sale, receipt, transfer, manufacture, or possession of such listed precursor chemical is a transaction otherwise lawfully authorized;
(2) A domestic lawful distribution in the usual course of business between agents or employees of a single regulated person;
(3) A delivery of a listed precursor chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman.
(Acts 1991, No. 91-589, p. 1085, §9.)
All listed precursor chemicals as defined in Section 20-2-181, which have been, or which are intended to be sold, transferred, manufactured, purchased for resale, possessed, or otherwise transferred in violation of a provision of this article shall be subject to forfeiture to the state and no property right shall exist in them.
(Acts 1991, No. 91-589, p. 1085, §10.)
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person:
(1) Knowingly fails to comply with the reporting requirements of this article;
(2) Knowingly makes a false statement in a report or record required by this article or the rules adopted thereunder;
(3) Is required by this article to have a listed precursor chemical license or permit, and is a person as defined by this article, and knowingly or deliberately fails to obtain such a license or permit. An offense under this subsection shall constitute a Class C felony.
(b) Notwithstanding the provisions of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical or a product containing a precursor chemical or ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers commits an offense if the person possesses, sells, transfers, or furnishes the substance with the knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance. An offense under this subsection shall constitute a Class B felony.
(c)(1) It shall be unlawful for any person, business, or entity to knowingly sell any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers unless sold from a pharmacy licensed by the Alabama Board of Pharmacy. Any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers sold within a pharmacy must be sold by an individual licensed as a pharmacist, a pharmacy technician licensed by the Alabama Board of Pharmacy, or by an employee of the pharmacy under the direct supervision and control of a licensed pharmacist.
(2) Products whose sole active ingredient is ephedrine or pseudoephedrine in strength of 30 mg. or more per tablet cannot be offered for retail sale loose in bottles, but must be sold only in blister packages.
(3) All packages of tablets containing ephedrine or pseudoephedrine shall be stored by a pharmacy by placing the products behind a counter, within the pharmacy where the public is not permitted.
(4) No person shall deliver, sell, or purchase products sold over-the-counter that contain a combined total of more than 3.6 grams per calendar day or more than 7.5 grams per 30 days, of ephedrine base or pseudoephedrine base. It shall not be a defense under this subdivision if no money was exchanged during a transaction that would otherwise be unlawful under this subdivision.
(5)a. Each pharmacy selling an over-the-counter product in compliance with paragraph b. of this subdivision shall require the purchaser of the product or products to be at least 18 years of age, to provide a valid, unsuspended driver’s license or nondriver identification card issued by this state, a valid, unsuspended driver’s license or nondriver identification card issued by another state, a United States Uniformed Services Privilege and Identification Card, or a United States or foreign passport, and to sign a record of each transaction. A record of each transaction shall include the magnetic transfer or electronic entry of information data from the identification card into the system, as well as the type of identification card used, including the number, name, date of birth, and current, valid address of the purchaser, the date and time of the sale, the name of the product being sold, as well as the total quantity in grams, of ephedrine or pseudoephedrine being sold. The system required pursuant to this section shall be available to the state and to pharmacies accessing the system without cost. Effective January 1, 2011, provided a system is available to the state without cost to the state or pharmacies for accessing the system, before completing a sale of a product covered by this section, a pharmacy shall submit the required information to the electronic sales tracking system established under subdivision (1) of subsection (i). The seller shall not complete the sale if the system generates a stop sale alert except when the seller follows the procedure described under subsection (i) for overriding the stop sale alert when the seller has fear of bodily harm. Any seller who fails to comply with this subdivision shall be guilty of a Class A misdemeanor upon a first offense, and a Class C felony on a second or subsequent offense, except that sellers who exercise the override feature described under subdivision (3) of subsection (i) when a stop sale alert is generated shall not be subject to misdemeanor or felony charges. Absent negligence, wantonness, recklessness, or deliberate misconduct, any retailer maintaining the electronic sales tracking system in accordance with this subdivision shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party unless the retailer has violated any provision of this subsection in relation to a claim brought for such violation. Any excessive or suspicious sales of such a product by any wholesaler, manufacturer, or repackager as defined in Section 34-23-1 shall be reported to the Alcohol Beverage Control Board and the Board of Pharmacy. Any person who fails to comply with this subdivision shall be guilty of a Class A misdemeanor upon a first offense, and a Class C felony upon a second or subsequent offense.
b. If a pharmacy selling an over-the-counter product in compliance with subdivision (3) experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with paragraph a. of this subdivision, the pharmacy shall maintain a written log or an alternative electronic recordkeeping mechanism that complies with all identification and documentation requirements of Act 2012-237, until the pharmacy is able to comply with paragraph a. of this subdivision.
(6) This subsection does not apply to products dispensed pursuant to a legitimate prescription.
(7) This subsection shall preempt all local ordinances or regulations governing the sale or purchase of products containing ephedrine or pseudoephedrine.
(8) A pharmacist who is the general owner or operator of an establishment where ephedrine or pseudoephedrine products are available for sale shall not be penalized pursuant to this section for conduct of an employee if the retailer documents that an employee training program was conducted by or approved by the Alabama Drug Abuse Task Force (ADATF), pursuant to subsection (h). As provided in subsection (h), the Alabama Board of Pharmacy shall develop or approve all training programs for those pharmacy employees referenced in subdivision (1) and submit such programs to the ADATF for approval. The ADATF must review any training programs submitted by the Alabama Board of Pharmacy at its next subsequent called or scheduled public meeting and within 7 days, report its decision in writing to the Alabama Board of Pharmacy.
(9) A violation of subdivision (1), (2), (3), or (4) shall constitute a Class A misdemeanor on a first offense and a Class C felony on subsequent offenses. The violations shall be punishable as provided by law.
(d) Any person who resides within any state that requires a prescription for any purchase of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, or who presents a valid identification as provided in subdivision (5) of subsection (c) from any state that requires a prescription for any purchase of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, may purchase those products only upon presentation of a valid prescription for the ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers. The electronic system established in Act 2012-237 shall generate a stop sale and block any purchase in violation of this subsection, absent a valid lawful prescription.
(e) Beginning October 1, 2005, any wholesaler, manufacturer, or repackager of drug products as defined in Section 34-23-1, other than a wholesaler, manufacturer, or repackager licensed by the Board of Pharmacy, shall obtain a registration annually from the Alcoholic Beverage Control Board which may promulgate and implement administrative rules for the registrations. Beginning October 1, 2010, any wholesaler, manufacturer, or repackager shall keep complete records of all sales and transactions involving a listed precursor chemical or a product containing a precursor chemical including the names of all parties involved in the transaction, the name of the products being sold, as well as the total quantity in grams, of the precursor chemical or product involved. Any wholesaler, manufacturer, or repackager selling a listed precursor chemical or product to an individual shall require the purchaser of the product or products to be at least 18 years of age and to provide government-issued photographic identification of himself or herself. The records shall be maintained for at least 36 months and the records shall be available for inspection by any law enforcement officer or investigator of the Board of Pharmacy during normal business hours. Failure to comply with subsection (d) and this subsection shall be a Class A misdemeanor for a first offense and a Class C felony for a second or subsequent offense.
(f) Beginning October 1, 2005, every retailer of ephedrine or pseudoephedrine, or a product containing ephedrine or pseudoephedrine, is required to be registered with the Alcoholic Beverage Control Board to lawfully sell ephedrine or pseudoephedrine products to consumers.
(g) In addition to any other penalty that may be provided, a sale of ephedrine or pseudoephedrine by a wholesaler, manufacturer, repackager, or retailer without a license as required by subsections (e) and (f) is a Class A misdemeanor for a first offense and a Class C felony for a second or subsequent offense. In addition to any other penalty that may be provided, a sale of ephedrine or pseudoephedrine in violation of this section by a wholesaler, manufacturer, repackager, or retailer who is licensed as required by subsection (e) or (f) shall result in cancellation of the required registration and forfeiture of the right to sell the products for at least two years or longer as determined by the Alcoholic Beverage Control Board.
(h)(1) The Alabama Drug Abuse Task Force (ADATF) is established and given the authority to do all of the following:
a. Approve or develop drug awareness, enforcement, education, prevention, and training programs. The programs shall be designed to curb the abuse of all dangerous, illegal, or abused drugs, including but not limited to, methamphetamine precursors, other key, critical, common ingredients used to make methamphetamine, or other illegal or abused drugs in the State of Alabama. These programs may be targeted for, but not limited to, employees of establishments where ephedrine or pseudoephedrine products or other key or critical or common ingredients in the illegal manufacture of methamphetamine or other illegal or dangerous drugs are available for sale. Education, prevention, and training programs also may be targeted to law enforcement, prosecutors, the judiciary, students, or that may further serve to protect, educate, and inform the public. The programs may be administered by the Alcoholic Beverage Control Board in conjunction with its program to restrict access to tobacco products by minors pursuant to Chapter 11, Title 28. The programs may be further administered by any law enforcement drug abuse and violent crime task force, the Alabama Department of Education, a licensed private drug education or prevention entity approved by the ADATF, or any other governmental or quasi-governmental agency or entity partnering with the ADATF to serve the purposes of this article. The Alabama Department of Public Health, ADATF, and the Alabama State Board of Education, shall enter into a memorandum of understanding to develop and implement the training, education, or prevention programs referenced in this section, and are authorized to expend any funds necessary to further the requirements and objectives of the ADATF and this subsection or any other legitimate drug abuse prevention or law enforcement purpose for the protection of the citizens of this state.
b. Advise the ABC Board, the Alabama Board of Pharmacy, Alabama law enforcement, prosecutorial entities, or other governmental or quasi-governmental agency or entity partnering with the ADATF regarding its responsibilities prescribed in this article.
c. Report to the Legislature by the 10th day of each legislative session, on the state of illegal drug abuse, trends in the use, distribution, and manufacture of illegal or synthetic drugs, and the use and misuse of related precursors in Alabama. The ADATF may only gather such information from legitimately verifiable sources or in a public forum. The report may include recommendations with regard to public policy, potential legislation, allocation of resources, or other recommendations which may aid in the curbing of drug abuse and drug crime or would best serve the safety and well being of the state. The report may include, but is not limited to, all of the following:
Statistical data involving drug abuse, drug crime, or drug related crime.
Efforts within the state involving education, prevention, and treatment of drug addiction.
Critical needs of law enforcement.
Organized crime efforts in the area of drug distribution, trafficking, manufacturing, or related criminal activity.
Critical needs for prisons.
Prosecution entities and the courts.
Other critical threat assessments involving the safety of the State of Alabama.
(2) The task force shall consist of the following members:
a. The Attorney General, or his or her designee.
b. The President of the Alabama State Board of Pharmacy, or his or her designee.
c. A representative appointed by the District Attorney’s Association.
d. A member of a regional county drug task force as appointed by the District Attorney’s Association.
e. The Secretary of the Alabama State Law Enforcement Agency, or his or her designee.
f. A representative appointed by the Chiefs of Police Association.
g. A member of a regional county drug task force as appointed by the Chiefs of Police Association.
h. A representative appointed by the Sheriff’s Association.
i. A representative appointed by the Narcotics Officers Association.
j. A representative of the Alabama Association of Pharmacists.
k. The Commissioner of the Alabama Department of Revenue, or his or her designee.
l. A member or director of the Alabama Sentencing Commission.
m. The Chair of the Alabama Assistant District Attorneys Association.
n. The Director of the Alabama Department of Human Resources, or his or her designee.
o. A representative of the Alabama Retail Association.
p. A representative of the Alabama Administrative Office of Courts.
q. The Commissioner of the Alabama Department of Corrections, or his or her designee.
r. The State Superintendent of Education, or his or her designee.
s. A representative of the Commission of Environmental Management.
t. The Director of the Alabama Department of Forensic Sciences, or his or her designee.
u. The State Health Officer, or his or her designee.
v. A representative of the mental illness and substance abuse services of the Alabama Department of Mental Health.
w. The Director of the Office of Prosecution Services, or his or her designee.
x. A representative of the State Bureau of Investigations.
y. A representative of the Board of Dental Examiners.
z. A representative of the Alcoholic Beverage Control Board.
(3) The membership shall select a chair on a bi-annual basis.
(4) The membership of the task force shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(5) The chair of the task force shall be responsible for the conduct of the meetings and any correspondence or reports derived therefrom.
(6) The chair of the task force shall call an organizational meeting of the task force within 60 days of July 1, 2010, and the task force shall report its meeting schedule and procedural rules to the Clerk of the House of Representatives and the Secretary of the Senate within 10 days of the meeting. The task force shall instruct the State Bureau of Investigations regarding the creation of a drug abuse information system, as well as a drug offender tracking system pursuant to Section 20-2-190.2, to further the mission of the task force and assist law enforcement in the prevention of illegal drug activity. This system shall include, but not be limited to, data regarding illegal drug manufacture, trafficking, distribution, and usage trends across the state. This information shall be made available and be in a form and method which will enable the task force to have an accurate and detailed understanding of the nature of drug abuse and the geographical impact of the various abused drugs in Alabama.
(7) The task force may expend any funds from any source, including, but not limited to, donations, grants, and appropriations of public funds received for purposes of this subsection.
(8) No function or duties of the Drug Abuse Task Force shall be the responsibility or under the purview of the Governor of Alabama.
(9) The task force shall not be obligated to fund the development of programs described in subdivision (1) unless the Legislature appropriates funding to the task force for this purpose.
(10)a. A subcommittee shall be created within the task force to study the availability of ephedrine and ephedrine products. Members of the subcommittee shall include:
The Attorney General.
A member of the Legislature appointed by the Speaker of the House of Representatives.
A member of the Legislature appointed by the President Pro Tempore of the Senate.
A district attorney, or his or her designee, appointed by the Alabama District Attorneys Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.
A sheriff appointed by the Alabama Sheriff’s Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.
A chief of police appointed by the Alabama Chiefs of Police Association, from a jurisdiction with a significant and statistically verifiable number of methamphetamine laboratory seizures.
The Director of the Alabama Department of Forensic Sciences, or his or her designee.
The Chair of the Alabama Drug Abuse Task Force.
b. On the tenth day of the next regular session of the Legislature, the subcommittee of the task force shall report to the ADATF and the Legislature a full and detailed assessment of all efforts to limit or ultimately eliminate the availability of ephedrine or ephedrine products to persons with the intent to use them for manufacturing methamphetamine.
c. The subcommittee of the task force shall evaluate and report the effectiveness of the electronic drug offender tracking system created in Section 20-2-190.2, as well as statutory provisions to track or block any illegal or inappropriate sales of ephedrine products. This evaluation and report shall include consideration of criminal statutes regarding the trafficking and manufacture of methamphetamine, industry efforts to prevent improper usage of ephedrine products, as well as other pertinent laws. Where possible, the task force shall also endeavor to project future capabilities to sustain or improve efforts to limit illegal access to ephedrine products for purposes of manufacturing methamphetamine.
d. The subcommittee of the task force, in its effort to provide a complete and accurate report, may utilize, but is not limited to, the use of the following resources:
Reports from any governmental or quasi-governmental entity.
Statistical data or reports from State Bureau of Investigations, National Precursor Log Exchange, Alabama Fusion Center, Drug Enforcement Administration, or any entity that has membership on the task force.
Other appropriate law enforcement, drug treatment, drug prevention, or medical entities that gather verifiable data regarding drug usage, abuse, or any drug crime or drug related crime.
Relevant public hearings by the ADATF.
Anecdotal information from named and legitimately verifiable sources.
All data or information must be sourced and verifiable.
e.1. Any report of the ADATF subcommittee to any governmental entity shall first be submitted to the Alabama Department of Public Health. The department shall evaluate the report. In its review, the department shall evaluate the quality and authenticity of the underlying sourced data. The department shall also determine if the data contained within the report is verifiable and if the ADATF or subcommittee of the task force followed generally accepted scientific or statistical methods in the compilation of the report.
In making its determination, the department may consider, but is not limited to, evaluating any method, process, research, calculations, design, control, analysis, hypothesis, or program utilized in the report.
In the event that the department determines that the proper methods were not followed, it shall notify the task force or subcommittee of the task force of any deficiencies in the report and allow the task force or subcommittee to revise the report to correct the deficiencies. Otherwise, the report shall contain a notation of the findings of any deficiencies by the department.
(i)(1) The State Bureau of Investigations shall implement a real-time electronic sales tracking system to monitor the over-the-counter, nonprescription sale of products in this state containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, provided that such system is available to the state without cost to the state or retailers for accessing the system. The electronic sales tracking system shall have the technological capability to receive ephedrine and pseudoephedrine sales data from retail establishments submitted pursuant to this subsection. The electronic sales tracking system shall be capable of bridging with existing and future operational systems used by retail at no cost to such retail establishment. The State Bureau of Investigations may enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available to retailers and law enforcement in the state.
(2) The information contained in this electronic sales tracking system shall be available to:
a. Any law enforcement agency or entity as authorized by the State Bureau of Investigations;
b. Pursuant to a subpoena.
(3) This database established pursuant to this subsection shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in subdivision (4) of subsection (c). The system shall contain an override function for use by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.
(j)(1) Upon conviction for any violation of Section 13A-12-260 or 20-2-190, or any violation of a controlled substance or illegal drug crime under Title 13A or this title and in addition to restitution and other costs that may be ordered pursuant to Section 15-18-67, the primary investigative law enforcement or prosecutorial entity shall be entitled, upon request of the district attorney and an order of the court, to recover restitution from any defendant for any legitimate cost incurred in the course of the investigation or prosecution.
(2) Restitution may include, but shall not be limited to, any cost incurred by the primary investigative law enforcement entity of any hazardous material or environmental cleanup of substances related to the manufacture of a controlled substance.
(3) Any real property owner that demonstrates to the court that he or she had no knowledge of, or had no reason to have knowledge of, any illegal manufacturing of controlled substances on his or her property by a defendant convicted of a violation of Section 13A-12-260 or 20-2-190, or any violation of a controlled substance or illegal drug crime under Title 13A or this title, through the district attorney, may request a court order requiring the defendant to pay to the real property owner all reasonable costs, if any, associated with any legitimate environmental cleanup or remediation or repair of the real property where the defendant had committed a controlled substance crime.
(Acts 1991, No. 91-589, p. 1085, §11; Act 2004-564, p. 1323, §1; Act 2005-181, p. 365, §1; Act 2009-283, p. 483, §1; Act 2010-215, p. 352, §§1, 2; Act 2012-237, p. 445, §2; Act 2017-422, §1.)
(a) The Legislature finds the following:
(1) The danger of methamphetamine manufacture to the public and especially to law enforcement involved in the investigation and clean-up of clandestine methamphetamine laboratories is of paramount concern.
(2) Ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers are the essential ingredient in the manufacture of methamphetamine.
(b) It is the intent of the Legislature to prevent and criminally sanction the practice of smurfing. Smurfing is the common name for the act of a person within the state or from other states, acting alone or in concert, at the direction or behest of another to circumvent the provisions of state law by purchasing multiple quantities of pseudoephedrine and ephedrine compounds for the intent of combining or using such quantities for the purposes of manufacturing or attempting to manufacture methamphetamine.
(Act 2012-237, p. 445, §1.)
(a) For the purposes of this section, the following words shall have the following meanings:
(1) DRUG RELATED CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution, trafficking, or any degree of manufacture of controlled substances, or drug paraphernalia. A drug related conviction shall also include the inchoate crimes of attempt, solicitation, or conspiracy of any of the drug related crimes.
(2) DRUG OFFENDER. Any person who has any conviction listed in subdivision (1).
(b) Effective January 1, 2013, the State Bureau of Investigations shall implement a real-time electronic drug offender tracking system to catalogue all criminal convictions in this state of persons convicted of felonies or misdemeanors involving the possession, distribution, manufacture, or trafficking of controlled substances. This catalogue shall include, but not be limited to, paraphernalia convictions, violations of this article, in whole or in part, attempts, conspiracies, or solicitations to commit any crime involving the possession, distribution, or manufacture of controlled substances. A drug offender convicted of violations of Act 2012-237, possession of a controlled substance, or drug paraphernalia shall remain in the drug offender tracking system for seven years beginning upon each conviction. A drug offender convicted of manufacture, distribution, or trafficking of controlled substances shall remain in the drug offender tracking system for ten years beginning upon each conviction. A person’s name shall be removed from the tracking system upon the expiration of the applicable seven or ten years from the adjudication or conviction of the last violation and confirmation that the drug offender has no new convictions.
(c) The electronic drug offender tracking system shall have the technological capability to receive ephedrine and pseudoephedrine sales data from pharmacies submitted pursuant to this section. The electronic drug offender tracking system shall be capable of bridging with existing and future operational systems used by pharmacies at no charge to the pharmacies. The State Bureau of Investigations may enter into a public-private partnership, through a memorandum of understanding or similar arrangement, to make the system available to pharmacies and law enforcement in the state.
(d)(1) Effective January 1, 2013, the State Bureau of Investigations, in cooperation with the National Association of Drug Diversion Investigators, which administers the National Precursor Log Exchange, shall devise a method to electronically notify the association at least every seven days of any person placed on the drug offender tracking system. The notification shall include the first, middle, and last names of the person, as well as the person’s date of birth. The State Bureau of Investigations shall devise a method to issue a stop sale alert for any purchaser whose name has been submitted to the national registry.
(2) The State Bureau of Investigations shall notify the association when a person is removed from the drug offender tracking system as required under subsection (b).
(e) The information contained in this electronic drug offender tracking system shall be available:
(1) To any law enforcement agency or entity as authorized by the State Bureau of Investigations.
(2) Pursuant to a subpoena.
(f) The drug offender tracking system shall be capable of generating a stop sale alert, which shall be a notification that the purchaser has a previous conviction for a drug related offense and completion of the sale would result in a violation of law under Section 20-2-190. The system shall contain an override function for use by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm. Each instance in which the override function is utilized shall be logged by the system.
(g) Effective January 1, 2013, provided a system is available to the state without cost to the state or pharmacies for accessing the system, before completing a sale of a product covered by this section, a pharmacy shall submit the required information to the electronic drug offender tracking system established under subsection (b).
(h) If the pharmacy, after checking the electronic drug offender database, determines the purchaser is a drug offender, the pharmacist shall not complete the sale, except when the seller follows the procedure described under subsection (f) for overriding the stop sale alert when the seller has fear of bodily harm.
(i) Any seller who fails to comply with this section shall be guilty of a Class A misdemeanor for a first offense, and a Class C felony for a second or subsequent offense, except that sellers who exercise the override feature described under section (f) when a stop sale alert is generated shall not be subject to misdemeanor or felony charges. Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacist maintaining the electronic drug offender tracking system in accordance with this section shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party unless the pharmacy has violated any provision of this subsection in relation to a claim brought for such violation.
(j)(1) A drug offender convicted of violations of Act 2012-237, possession of a controlled substance, or drug paraphernalia shall be prohibited from the retail or prescription purchase of any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers or product for the entire seven years the person is required to be included in the drug offender tracking system.
(2) A drug offender convicted of manufacture, distribution, or trafficking of controlled substances shall be prohibited from the retail or prescription purchase of any ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers, or product for the entire ten years the person is required to be included in the drug offender tracking system.
(k) A drug offender who knowingly and unlawfully purchases or attempts, solicits another, or conspires to purchase ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers or product in violation of this section, is guilty of a Class A misdemeanor, except upon a subsequent conviction, is guilty of a Class C felony.
(Act 2012-237, p. 445, §3.)
The Alabama Legislature hereby finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitutes a serious threat to the health and welfare of the citizens of the State of Alabama. The Legislature further finds that establishment of a controlled substances prescription database to monitor the prescribing and dispensing of controlled substances will materially assist state regulators and practitioners authorized to prescribe and dispense controlled substances in the prevention of diversion, abuse, and misuse of controlled substances prescription medication through the provision of education and information, early intervention, and prevention of diversion, and investigation and enforcement of existing laws governing the use of controlled substances.
(Act 2004-443, p. 781, §1.)
For the purposes of this article, the following terms shall have the respective meanings ascribed by this section:
(1) CERTIFYING BOARDS. Those boards designated in subdivision (3) of Section 20-2-2.
(2) CONTROLLED SUBSTANCE. Any drug or medication defined as a controlled substance within the meaning of subdivision (4) of Section 20-2-2.
(3) DEPARTMENT. The Alabama Department of Public Health.
(4) LICENSING BOARD OR COMMISSION. The board, commission, or other entity that is authorized to issue a professional license to a pharmacist or an authorized practitioner.
(5) PHARMACIST. Any person, as defined in subdivision (17) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy or otherwise permitted by Alabama or federal law to practice the profession of pharmacy within this state.
(6) PHARMACY. A retail establishment, as defined in subdivision (18) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy.
(7) PRACTITIONER or AUTHORIZED PRACTITIONER. A medical, dental, podiatric, or optometric practitioner licensed, registered, or otherwise authorized by Alabama or federal law to prescribe, dispense, or furnish controlled substances within this state.
(8) STATE HEALTH OFFICER. The executive officer of the Alabama Department of Public Health as designated in Section 22-2-8.
(Act 2004-443, p. 781, §2; Act 2018-146, §1.)
(a) The department may establish, create, and maintain a controlled substances prescription database program. In order to carry out its responsibilities under this article, the department is granted the following powers and authority:
(1) To adopt regulations, in accordance with the Alabama Administrative Procedure Act, governing the establishment and operation of a controlled substances prescription database program.
(2) To receive and to expend for the purposes stated in this article funds in the form of grants, donations, federal matching funds, interagency transfers, and appropriated funds designated for the development, implementation, operation, and maintenance of the controlled substances prescription database. The funds received pursuant to this subdivision shall be deposited in a new fund that is established as a separate special revolving trust fund in the State Treasury to be known as the Alabama State Controlled Substance Database Trust Fund. No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this article. Any monies appropriated shall be budgeted and allocated pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.
(3) To enter into one or more contracts with the State Board of Pharmacy for the performance of designated operational functions for the controlled substances prescription database, including, but not limited to, the receipt, collection, input, and transmission of controlled substances prescription data and such other operational functions as the department may elect.
(4) To create a Controlled Substances Prescription Database Advisory Committee and an Information Release Review Committee.
(b)(1) The mission of the Controlled Substance Prescription Database Advisory Committee is to consult with and advise the State Health Officer on matters related to the establishment, maintenance, and operation of the database, access to the database information, how access is to be regulated, and security of information contained in the database.
(2) The advisory committee shall consist of the following:
a. One representative designated by the Medical Association of the State of Alabama.
b. One representative designated by the Alabama Dental Association.
c. One representative designated by the Alabama Pharmacy Association.
d. One representative designated by the Alabama Veterinary Medicine Association.
e. The director of the controlled substances prescription database program in the department.
f. One representative designated by the Alabama Hospital Association.
g. The Executive Director of the Alabama State Board of Pharmacy, or his or her designee.
h. The Executive Director of the Board of Medical Examiners, or his or her designee.
i. One representative designated by the Alabama Optometric Association.
j. One representative from each of the certifying boards established under the Alabama Uniform Controlled Substances Act.
k. One representative designated by the Alabama Medicaid Agency.
l. One representative designated by the Alabama Podiatry Association.
m. One representative designated by the Alabama Department of Mental Health.
n. The Attorney General, or his or her designee.
(3) If a member of the Controlled Substances Prescription Database Advisory Committee is unable to attend a meeting, the organization which appointed that member may designate one of its employees or agents as a proxy. A proxy may participate in all deliberations of the committee and vote on all questions considered by the advisory committee. Designations of a proxy must be in writing, must specify by name the individual who will serve as proxy, and must specify the date of the meeting at which the proxy is authorized to serve. There must be a separate written proxy designation for each meeting at which a proxy will serve.
(4) The appointing authorities of the committee shall coordinate their appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state.
(5) Members of the Controlled Substances Prescription Database Advisory Committee may participate in a meeting by means of conference telephone, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe the meetings.
(c)(1) The mission of the Information Release Review Committee is to review statistical, research, or educational requests for information, departmental research requests, or department requests regarding publication of information from the controlled substances database.
(2) The review committee shall consist of one licensed practitioner appointed by the State Board of Medical Examiners, one licensed practitioner appointed by the State Board of Dental Examiners, one licensed pharmacist appointed by the State Board of Pharmacy, one representative experienced in medical informatics or clinical research appointed by the State Health Officer, and one representative experienced in medical informatics or clinical research appointed by the Attorney General.
(3) Members of the Information Release Review Committee may receive electronically from the department statistical, research, or educational requests for information, departmental research requests, or department requests regarding publication of information and may respond electronically in order to provide their approval or disapproval of those requests.
(Act 2004-443, p. 781, §3; Act 2010-539, p. 928, §1; Act 2010-581, p. 1297, §1; Act 2013-256, p. 666, §1; Act 2018-146, §1.)
(a) Each of the entities designated in subsection (b) shall report to the department, or to an entity designated by the department, controlled substances prescription information as designated by regulation pertaining to all Class II, Class III, Class IV, and Class V controlled substances in such manner as may be prescribed by the department by regulation.
(b) The following entities or practitioners are subject to the reporting requirements of subsection (a):
(1) Licensed pharmacies, not including pharmacies of general and specialized hospitals, nursing homes, and any other health care facilities which provide inpatient care, so long as the controlled substance is administered and used by a patient on the premises of the facility.
(2) Mail order pharmacies or pharmacy benefit programs filling prescriptions for or dispensing controlled substances to residents of this state.
(3) Licensed physicians, dentists, podiatrists, or optometrists who dispense Class II, Class III, Class IV, and Class V controlled substances directly to patients, but excluding sample medications. For the purposes of this article, sample medications are defined as those drugs labeled as a sample, not for resale under the laws and regulations of the Federal Food and Drug Administration. Controlled substances administered to patients by injection, topical application, suppository administration, or oral administration during the course of treatment are excluded from the reporting requirement.
(c) The manner of reporting controlled substance prescription information shall be in such manner and format as designated in the regulations of the department.
(d) The following data elements shall be used in transmitting controlled substance prescription information:
(1) Name or other identifying designation of the prescribing practitioner.
(2) Date prescription was filled or medications dispensed.
(3) Name of person and full address for whom the prescription was written or to whom the medications were dispensed.
(4) National Drug Code (NDC) of controlled substance dispensed.
(5) Quantity of controlled substance dispensed.
(6) Name or other identifying designation of dispensing pharmacy or practitioner.
(7) Other data elements consistent with standards established by the American Society for Automation in Pharmacy as may be designated by regulations adopted by the department.
(8) Method of payment and third-party payor identification of the controlled substance dispensed.
(e) In addition to any other applicable law or regulation, the failure of a licensed pharmacy or pharmacist or a licensed practitioner to comply with the requirements of this section shall constitute grounds for disciplinary action against the license of the pharmacy, pharmacist, or licensed practitioner by the appropriate licensing board or commission, and the imposition of such penalties as the licensing board or commission may prescribe. The department shall report to the appropriate licensing board, agency, or commission the failure of a licensed pharmacist or a licensed practitioner to comply with the reporting requirements of this section. Any report made by the department to a licensing board, agency, or commission shall be deemed a formal complaint and shall be investigated and appropriate action taken thereon.
(Act 2004-443, p. 781, §4; Act 2013-256, p. 666, §1; Act 2016-315, §1.)
(a) The following individuals or entities shall be permitted access to the information in the controlled substances database, subject to the limitations indicated below:
(1) Authorized representatives of the certifying boards; provided, however, that access shall be limited to information concerning the licensees of the certifying board, however, authorized representatives from the Board of Medical Examiners may access the database to inquire about certified registered nurse practitioners (CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama Controlled Substances Registration Certificate (QACSC).
(2) A licensed practitioner approved by the department who has authority to prescribe, dispense, or administer controlled substances. The licensed practitioner’s access shall be limited to information concerning himself or herself, registrants who possess a Qualified Alabama Controlled Substances Registration Certificate over whom the practitioner exercises physician supervision or with whom he or she has a joint practice agreement, a certified registered nurse practitioner and a certified nurse midwife with a Qualified Alabama Controlled Substances Registration Certificate over whom the practitioner exercises professional oversight and direction pursuant to an approved collaborative practice agreement, a current patient of the practitioner, and individuals seeking treatment from the practitioner. Practitioners shall have no requirement or obligation under this article to access or check the information in the controlled substances database prior to prescribing, dispensing, or administering medications or as part of their professional practice. However, the applicable licensing boards may impose such a requirement or obligation by rule.
(3) Up to two employees designated by a licensed physician approved by the department who has authority to prescribe, dispense, or administer controlled substances, who may access the database on the physician’s behalf.
(4) Up to two employees designated by a licensed dentist approved by the department who has authority to prescribe, dispense, or administer controlled substances, who may access the database on the dentist’s behalf.
(5) A licensed certified registered nurse practitioner or a licensed certified nurse midwife approved by the department who is authorized to prescribe, administer, or dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate; provided, however, that access shall be limited to information concerning a current or prospective patient of the certified registered nurse practitioner or certified nurse midwife.
(6) A licensed assistant to physician approved by the department who is authorized to prescribe, administer, or dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate; provided, however, that access shall be limited to information concerning a current patient of the assistant to the physician or an individual seeking treatment from the assistant to physician.
(7) A coroner, deputy coroner, or a licensed medical examiner or the examiner’s designee who is employed by the Alabama Department of Forensic Sciences; provided, however, that access shall be limited to information concerning an investigation of the cause and manner of death of an individual. No coroner or deputy coroner shall be granted access to information pursuant to this subdivision unless he or she has received and completed training provided by the department and successfully passed a minimum standards exam administered by the department.
(8) A licensed pharmacist approved by the department; provided, however, that access is limited to information related to the patient or prescribing practitioner designated on a controlled substance prescription that a pharmacist has been asked to fill. Pharmacists shall have no requirement or obligation to access or check the information in the controlled substances database prior to dispensing or administering medications or as part of their professional practices.
(9) State and local law enforcement authorities as authorized under Section 20-2-91, and federal law enforcement authorities authorized to access prescription information upon application to the department accompanied by a declaration that probable cause exists for the use of the requested information.
(10) Employees of the department and consultants engaged by the department to operate the controlled substances database; provided, however, that access shall be limited to operating and administering the database, conducting departmental research when approved by the Information Release Review Committee, and implementing a research request authorized under subsection (b).
(11) The prescription drug monitoring program of any of the other states or territories of the United States, if recognized by the Alliance for Prescription Drug Monitoring Programs under procedures developed, certified, or approved by the United States Department of Justice or the Integrated Justice Information Systems Institute or successor entity subject to or consistent with limitations for access prescribed by this chapter for the Alabama Prescription Drug Monitoring Program.
(12) Authorized representatives of the Alabama Medicaid Agency; provided, however, that access shall be limited to inquiries concerning possible misuse or abuse of controlled substances by Medicaid recipients.
(13) Upon good cause shown to the State Health Officer or his or her designee, authorized representatives of the Board of Nursing may receive information concerning licensees of the Board of Nursing; provided, however, that requests shall be limited to information concerning a licensee of the Board of Nursing who is the subject of an investigation or disciplinary activity. Any certifying board, state or federal law enforcement agency, or other individual or entity authorized to access the information from the controlled substances database pursuant to this article may share information from the controlled substances database with the Board of Nursing, provided that the information concerns a licensee of the Board of Nursing who is the subject of an investigation or disciplinary activity.
(b) Subject to the approval of the Information Release Review Committee, the department may release or publish de-identified aggregate statewide and regional information for statistical, research, or educational purposes.
(1) Prior to being released or published, all information that identifies, or could reasonably be used to identify, a patient, a prescriber, a dispenser, or any other person who is the subject of the information, shall be removed, and at a minimum, such de-identification of the information shall comply with 45 C.F.R. § 164.514(b)(2), as amended.
(2) Release of information shall be made pursuant to a written data use agreement between the requesting individual or entity and the department.
(Act 2004-443, p. 781, §5; Act 2009-489, p. 891, §2; Act 2010-539, p. 928, §1; Act 2010-581, p. 1297, §1; Act 2013-223, p. 531, §3; Act 2013-256, p. 666, §1; Act 2018-146, §1; Act 2021-383, §1; Act 2022-384, §1; Act 2024-80, §1.)
(a) The controlled substances database and all information contained therein and any records maintained by the department or by any entity contracting with the department which is submitted to, maintained, or stored as a part of the controlled substances prescription database, and any reproduction or copy of that information is declared privileged and confidential, is not a public record, and is not subject to subpoena or discovery in civil proceedings. This information is considered clinical in nature, subject to medical interpretation, and may only be used for any of the following:
(1) Investigatory or evidentiary purposes related to violations of state or federal law.
(2) Regulatory activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances.
(3) Informing pharmacists and practitioners in prescribing or dispensing controlled substances.
(4) Bona fide statistical, research, or educational purposes when information is properly de-identified as provided in this article.
(b) Nothing in this section shall apply to records not originating from the controlled substances database that are created or maintained in the regular course of business of a pharmacy, medical, dental, optometric, or veterinary practitioner, or other entity covered by this article and all information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because such information contained in those records was reported to the controlled substances prescription database in accordance with the provisions of this article.
(Act 2004-443, p. 781, §6; Act 2013-256, p. 666, §1; Act 2018-146, §1.)
Any person who intentionally makes an unauthorized disclosure of information contained in the controlled substances prescription database shall be guilty of a Class A misdemeanor. Any person or entity who intentionally obtains unauthorized access to or who alters or destroys information contained in the controlled substances prescription database shall be guilty of a Class C felony.
(Act 2004-443, p. 781, §7.)
There is hereby assessed a surcharge in the amount of ten dollars ($10) per year on the controlled substance registration certificate of each licensed medical, dental, podiatric, optometric, and veterinary medicine practitioner authorized to prescribe or dispense controlled substances and on the Qualified Alabama Controlled Substances Registration Certificate (QACSC) of each licensed assistant to physician, certified registered nurse practitioner, or certified nurse midwife. This surcharge shall be effective for every practitioner certificate and every Qualified Alabama Controlled Substances Registration Certificate (QACSC) issued or renewed, shall be in addition to any other fees collected by the certifying boards, and shall be collected by each of the certifying boards and remitted to the department at such times and in such manner as designated in the regulations of the department. The proceeds of the surcharge assessed herein shall be used exclusively for the development, implementation, operation, and maintenance of the controlled substances prescription database.
(Act 2004-443, p. 781, §8; Act 2009-489, p. 891, §2; Act 2010-539, p. 928, §1; Act 2010-581, p. 1297, §1; Act 2013-223, p. 531, §3.)
The department is authorized to grant funds to participating pharmacies for the purpose of reimbursing reasonable costs for dedicated equipment and software incurred by pharmacies in complying with the reporting requirements of this article. Such grants shall be funded by gifts, grants, donations, or other funds appropriated for the operation of the controlled substances prescription database. The department is authorized to determine standards and specifications for any equipment and software purchased by the authority of this section.
(Act 2004-443, p. 781, §9.)
The department may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines necessary to carry out the purpose of the program. Notwithstanding amounts contained in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in future years.
(Act 2004-443, p. 781, §10; Act 2013-256, p. 666, §1.)
Any person or entity required to report information concerning controlled substance prescriptions to the department, or to its designated agent, pursuant to the requirements of this article shall not be liable to any person for any claim of damages as a result of the act of reporting the information and no lawsuit may be predicated thereon.
(Act 2004-443, p. 781, §11.)
As used in this article, the following words shall have the following meanings:
(1) ADMINISTER. The direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following:
a. A collaborating physician or, in his or her presence, his or her authorized agent.
b. A certified registered nurse practitioner or certified nurse midwife.
c. The patient at the direction and in the presence of the collaborating physician, certified registered nurse practitioner, or certified nurse midwife.
(2) BOARD. The Board of Medical Examiners of the State of Alabama.
(3) CERTIFIED NURSE MIDWIFE or CNM. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills relative to the management of women’s health care focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women, within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.
(4) CERTIFIED REGISTERED NURSE PRACTITIONER or CRNP. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills in the delivery of nursing services within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.
(5) COLLABORATING PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in Alabama who agrees in writing to practice in collaboration with one or more certified registered nurse practitioners or certified nurse midwives in accordance with Title 34, Chapter 21, Article 5, and the rules and regulations adopted by the Board of Medical Examiners and the Board of Nursing.
(6) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.
(7) PRESCRIPTION. Any order for a controlled substance written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent collaborating physician, certified registered nurse practitioner, or certified nurse midwife authorized by law to prescribe and administer the drug which is intended to be filled, compounded, or dispensed by a pharmacist.
(8) QACSC. A Qualified Alabama Controlled Substances Registration Certificate.
(Act 2013-223, p. 531, §1.)
(a) The Board of Medical Examiners is hereby designated as the certifying board for the registration and approval of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate (QACSC). The board may adopt regulations concerning the application procedures, fees, and grounds for the restriction, limitation, suspension, or revocation of a QACSC, excluding the charge of expenses for conducting an investigation or expenses of a hearing, and to provide for hearings in connection with the same. The board shall establish a unique QACSC number that identifies the particular applicant as a certified registered nurse practitioner or certified nurse midwife with a valid QACSC. However, nothing in this article shall permit the board to encroach on the powers, duties, and authority of the Board of Nursing in carrying out its legally authorized functions. The Board of Nursing shall remain the sole licensing and disciplinary authority for CRNPs and CNMs.
(b) An advisory committee shall be created to comment on proposed rules.
(c) The board and its agents, attorneys, or investigators shall be permitted access to the records of any CRNP or CNM, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC, or a possible violation of any provision of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.
(d)(1) The board may establish protocols, formularies, or medical regimens which relate to, govern, or regulate a QACSC, and any such protocol, formulary, or medical regimen shall not be considered a rule under the Alabama Administrative Procedure Act.
(2) The formulary of controlled substances that may be prescribed by CRNPs and CNMs shall be approved by the certifying board upon the recommendation of the joint practice committee established by Article 5, commencing with Section 34-21-80, Chapter 21, Title 34, but the formulary shall not be considered a rule under the Alabama Administrative Procedure Act.
(Act 2013-223, p. 531, §1.)
The Board of Medical Examiners may grant a Qualified Alabama Controlled Substances Registration Certificate (QACSC) to a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) who:
(1) Is practicing in accordance with this article, Title 34, Chapter 21, Article 5, and all rules and regulations pertaining to collaboration between a qualified physician and a qualified CRNP or a CNM.
(2) Submits proof of successful completion of a course or courses approved by the board which includes advanced pharmacology and prescribing trends relating to controlled substances and which is consistent with the same requirements for other mid-level providers.
(3) Provides accurate and complete documentation of 12 or more months of active, clinical practice with one or more collaborative practices agreement which is governed by Title 34, Chapter 21, Article 5 and which has received final approval from the Board of Medical Examiners and the Alabama Board of Nursing. Temporary approval practice and provisional approval practice shall not be used or considered to meet the requirement of 12 or more months of active, clinical practice.
(Act 2013-223, p. 531, §1.)
(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and a valid registration number issued by the United States Drug Enforcement Administration, a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) may prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedules III, IV, and V of Article 2, Chapter 2, of this title in accordance with rules adopted by the Board of Medical Examiners and any protocols, formularies, and medical regimens established by the board for regulation of a QACSC.
(b) A CRNP or a CNM shall not utilize his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.
(c) A CRNP or a CNM authorized to prescribe, administer, or dispense controlled substances in accordance with this article may not prescribe, administer, or dispense any controlled substance to himself, herself, or his or her spouse, child, or parent.
(Act 2013-223, p. 531, §1.)
The Board of Medical Examiners may deny an application of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) requesting a Qualified Alabama Controlled Substances Registration Certificate (QACSC), deny a request for a renewal of a QACSC, or initiate action against the QACSC of a CRNP or a CNM possessing a QACSC based on the following grounds:
(1) Fraud or deceit in applying for, procuring, or attempting to procure a QACSC in the State of Alabama.
(2) Conviction of a crime under any state or federal law relating to any controlled substance.
(3) Conviction of a crime or offense which affects the ability of the CRNP or CNM to practice with due regard for the health or safety of his or her patients.
(4) Prescribing a drug or utilizing a QACSC in such a manner as to endanger the health of any person or patient of the CRNP, CNM, or collaborating physician.
(5) Suspension or revocation of the registration number issued to the CRNP or CNM by the United States Drug Enforcement Administration.
(6) Excessive dispensing or prescribing of any drug to any person or patient of the CRNP, CNM, or collaborating physician.
(7) Unfitness or incompetence due to the use of or dependence on alcohol, chemicals, or any mood-altering drug to such an extent as to render the CRNP or CNM unsafe or unreliable to prescribe drugs or to hold a QACSC.
(8) Any violation of a requirement set forth in this article or a rule adopted pursuant to this article.
(Act 2013-223, p. 531, §1.)
(a) Any hearing regarding the issuance, restriction, limitation, suspension, or revocation of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) held by a certified registered nurse practitioner or a certified nurse midwife for any violations of this article shall be before the Board of Medical Examiners.
(b) The board shall have the authority to restrict, suspend, or revoke a QACSC, whenever a CRNP or a CNM is found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-254. The board shall also have the authority to reinstate or to deny reinstatement of a QACSC.
(c) The board may limit revocation or suspension of a QACSC to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(d) The board shall promptly notify the Drug Enforcement Administration of the United States Department of Justice and the Alabama Board of Nursing of all orders suspending or revoking a QACSC of a CRNP or a CNM.
(e) Any hearing conducted before the board in accordance with this section shall be considered a contested case under the Alabama Administrative Procedure Act, and shall be conducted in accordance with the requirements of this article.
(Act 2013-223, p. 531, §1.)
(a) A certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC) or the renewal of a QACSC may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying reinstatement of a QACSC, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the board suspending, revoking, or restricting a QACSC. The suspension, revocation, or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke, or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion.
(d) From the judgment of the circuit court, either the board or any affected party who invoked judicial review may obtain a review of any final judgment of the circuit court under Section 41-22-21. No security shall be required of the board.
(Act 2013-223, p. 531, §1.)
The Board of Medical Examiners may charge and collect fees to defray expenses incurred in the registration and issuance of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and the administration of this article shall be the same as other mid-level providers. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.
(Act 2013-223, p. 531, §1.)
Any member of the Board of Medical Examiners, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing conducted by the board as authorized in this article, shall be immune from any lawsuit or legal proceeding for any conduct in the course of his or her official duties with respect to such investigations or hearings.
(Act 2013-223, p. 531, §1.)
The Board of Medical Examiners may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
(Act 2013-223, p. 531, §1.)
(a) The Board of Medical Examiners may at any future date it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated with the permit, that, along with any other necessary registration, may permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedule II substances of Article 2 of Chapter 2 of this title in accordance, as specified and limited by the permit, with rules adopted by the board and any protocols, formularies, and medical regimens established by the board for regulation of a LPSP. Any protocols, formularies, and medical regimens shall not be considered administrative rules under the Alabama Administrative Procedure Act.
(b) An assistant to physician, certified registered nurse practitioner, or certified nurse midwife shall not utilize his or her LPSP for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.
(c) An assistant to physician, certified registered nurse practitioner, or certified nurse midwife authorized to prescribe, administer, or dispense controlled substances in accordance with this article shall not prescribe, administer, or dispense any controlled substance to his or her own self, spouse, child, or parent.
(d) The board may not permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense all controlled substances listed in Schedule II of Article 2 of Chapter 2 of this title. It is the intent of this article, if and when the board chooses to use this authority at some future date, that the LPSP may be used only at the board’s discretion and as limited by the board to specific circumstances and specific drugs.
(Act 2013-223, p. 531, §2.)
(a) For the purposes of this section, “opioid antagonist” means naloxone hydrocholoride or other similarly acting drug that is approved by the federal Food and Drug Administration for the treatment of an opioid overdose.
(b) A physician licensed under Article 3 of Chapter 24 of Title 34, or dentist licensed under Chapter 9 of Title 34, acting in good faith may directly or by standing order prescribe, and a pharmacist licensed under Chapter 23 of Title 34, or a registered nurse in the employment of the State Health Department or a county health department, may dispense, an opioid antagonist to either of the following:
(1) An individual at risk of experiencing an opiate-related overdose.
(2) A family member, friend, member of a fire department, rescue squad, volunteer fire department personnel, or other individual, including law enforcement, in a position to assist an individual at risk of experiencing an opiate-related overdose.
(c) As an indicator of good faith, the physician or dentist, prior to prescribing an opioid antagonist under this section, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1) The individual seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.
(2) The individual other than the individual at risk of experiencing an opiate-related overdose and who is seeking the opioid antagonist is in relation to the individual at risk of experiencing an opiate-related overdose as a family member, friend, or otherwise in the position to assist the individual.
(d) An individual who receives an opioid antagonist that was prescribed pursuant to subsection (b) may administer an opioid antagonist to another individual if he or she has a good faith belief that the other individual is experiencing an opiate-related overdose and he or she exercises reasonable care in administering the opioid antagonist. Evidence of exercising reasonable care in administering the opioid antagonist shall include the receipt of basic instruction and information on how to administer the opioid antagonist.
(e) All of the following individuals are immune from any civil or criminal liability for actions authorized under this article:
(1) A physician or dentist who prescribes an opioid antagonist pursuant to subsection (b) and who has no managerial authority over the individuals administering the opioid antagonist or the State Health Officer or any county health officer who issues standing orders or other requirements pursuant to subsection (b).
(2) An individual who administers an opioid antagonist pursuant to subsection (d).
(3) A pharmacist, or registered nurse in the employment of the State Health Department or a county health department, who dispenses an opioid antagonist pursuant to subsection (b).
(Act 2015-364, §1; Act 2016-307, §3.)
(a) Notwithstanding any other law to the contrary, an individual under 21 years of age may not be prosecuted for the possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the possession or consumption of alcohol solely because the individual was seeking medical assistance for another individual under this article.
(b) Excluding Section 32-5A-191, an individual may not be prosecuted for a misdemeanor controlled substance offense if law enforcement became aware of the offense solely because the individual was seeking medical assistance for another individual under this article.
(c) This section shall apply if, when seeking medical assistance on behalf of another, the individual did all of the following:
(1) Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance.
(2) Used his or her own name when contacting authorities.
(3) Remained with the individual needing medical assistance until help arrived.
(Act 2015-364, §2.)
On or before January 1, 2016, the Alabama Department of Public Health shall approve a specific training curriculum for completion by law enforcement officers who elect to carry and administer opioid antagonists.
(Act 2015-364, §3.)
The State Health Officer or the respective county health officers shall have authority to publish the standing order or orders, including any necessary guidelines or other requirements that shall be followed, for dispensing opioid antagonists under Section 20-2-280 in their jurisdictions.
(Act 2016-307, §1.)
Any individual dispensing an opioid antagonist pursuant to Section 20-2-280 who is otherwise qualified, including a registered nurse in the employment of the State Health Department or a county health department, and who complies with the standing order or orders and other requirements of the State Health Office or a county health officer shall have authority to dispense an opioid antagonist as provided under Section 20-2-280.
(Act 2016-307, §2.)
THIS SECTION REPEALED BY ACT 2023-339, EFFECTIVE SEPTEMBER 1, 2023.
This article shall be known and may be cited as the MAT Act of 2019.
(Act 2019-500, §1.)
THIS SECTION REPEALED BY ACT 2023-339, EFFECTIVE SEPTEMBER 1, 2023.
(a)(1) For all patients receiving medication assisted treatment, adequate billing records shall be maintained, in any format, for all patient visits. Billing records shall be maintained for a period of three years from the date of the patient’s last treatment. Billing records shall be made for all methods of payment. Billing records shall include, but not be limited to, information detailing all of the following:
a. The amount paid for services.
b. Method of payment.
c. Date of the delivery of services.
d. Date of payment.
e. Description of services.
(2) Records of all bank deposits of cash payments for medication assisted treatment shall be maintained, in any format, for a period of three years.
(b) By January 1, 2020, the Alabama Board of Medical Examiners, in consultation with the Public Health Officer of the Department of Public Health and the Alabama Department of Mental Health shall adopt rules under the Alabama Administrative Procedure Act for the prescribing of medications containing buprenorphine for the treatment of opioid use in non\residential settings.
(1) The rules, at a minimum, shall address all of the following:
a. Appropriate doses of buprenorphine-containing medications for the treatment of opioid use disorder.
b. Co-prescribing of benzodiazepines and medications containing buprenorphine or co-prescribing of barbiturates and medications containing buprenorphine.
c. Co-prescribing of stimulants and medications containing buprenorphine.
d. Co-prescribing of medications containing gabapentin with medications containing buprenorphine.
e. Minimum requirements for counseling, behavioral therapy, and case management.
f. Appropriate drug screening.
g. Education to patients regarding neonatal abstinence syndrome or neonatal opioid withdrawal syndrome.
h. Pain management.
i. Co-occurring disorders.
j. Informed consent by the patient.
k. Use of the state Prescription Drug Monitoring Program.
l. Use of appropriate screening tools.
m. Appropriate number of visits and addressing of relapse.
n. A diversion control plan.
o. Use of mono-product buprenorphine formulations, not to include injectable and implantable forms of buprenorphine.
p. Creation of an appropriate registry of providers of medication assisted treatment.
q. Appropriate recordkeeping requirements for any direct compensation arrangements involving medication assisted treatment.
(2) Nationally recognized guidelines from the American Society of Addiction Medicine, the American Board of Addiction Medicine, the American Board of Preventative Medicine, and the Substance Abuse and Mental Health Services Administration shall serve as a guide for the development of the rules.
(3) The rules shall be consistent with federal and state law.
(c) The Alabama Board of Medical Examiners shall convene a standing working group consisting of 17 individuals who are addiction medicine specialists board certified by the American Board of Addiction Medicine or the American Board of Preventative Medicine with a subspecialty in addiction medicine, or by the American Board of Addiction Psychiatry, or fellowship trained in addiction medicine, as well as counselors and social workers, to consult and assist in the drafting of the rules, including the following:
(1) Two members from the Alabama Department of Mental Health.
(2) Two members from the Alabama Board of Medical Examiners.
(3) One member from the Attorney General’s Office.
(4) Other experts from the Alabama Society of Addiction Medicine, the Medical Association of the State of Alabama, and other recognized organizations.
(d) The rules shall be reviewed and updated by September 1, 2020, and each year thereafter by September 1.
(Act 2019-500, §2.)
THIS SECTION REPEALED BY ACT 2023-339, EFFECTIVE SEPTEMBER 1, 2023.
Because the intent of the Legislature in this article is to educate physicians and to mitigate patient abuse and diversion of buprenorphine, nothing in this article 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, the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, any amendment to any of the foregoing, or any judicial interpretation of any of the foregoing, nor shall anything in this article modify, amend, repeal, or supersede the law of or pertaining to the standard of care and admissibility of evidence regarding the standard of care.
(Act 2019-500, §3.)
This chapter shall be known and may be cited as the Darren Wesley ‘Ato’ Hall Compassion Act.
(Act 2021-450, §1.)
The Legislature finds all of the following:
(1) It is not the intent of this chapter to provide for or enable recreational use of marijuana in the State of Alabama.
(2) Medical research indicates that the administration of medical cannabis can successfully treat various medical conditions and alleviate the symptoms of various medical conditions.
(3) There are residents in Alabama suffering from a number of medical conditions whose symptoms could be alleviated by the administration of medical cannabis products if used in a controlled setting under the supervision of a physician licensed in this state.
(4) A majority of states have adopted a program providing for the administration of cannabis or cannabis derivatives for medical use for residents of their states.
(5) Establishing a program providing for the administration of cannabis derivatives for medical use in this state will not only benefit patients by providing relief for pain and other debilitating symptoms, but also provide opportunities for patients with these debilitating conditions to function and have a better quality of life and provide employment and business opportunities for farmers and other residents of this state and revenue to state and local governments.
(6) It is important to balance the needs of employers to have a strong functioning workforce with the needs of employees who will genuinely benefit from using cannabis for a medical use in a manner that makes the employee a productive employee.
(7) The State of Alabama, therefore, wishes to create a health care market for medical cannabis. Notwithstanding any medical benefit of cannabis or cannabis derivatives, the recreational use of marijuana remains a significant threat to public health and safety. Allowing the cultivation, processing, dispensing, and use of cannabis for medical use without appropriate safeguards to prevent unlawful diversion for recreational use would pose a risk to public health and safety.
(8) The power to regulate intrastate commerce is vested in the several states under the Ninth and Tenth Amendments to the United States Constitution.
(9) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Alabama certain rights as they were understood at the time Alabama was admitted into statehood in 1819, and the guarantee of these rights is a matter of contract between the State of Alabama and its people and the United States as of the time that the compact with the United States was agreed upon and adopted by Alabama and the United States in 1819.
(10) It is the intent of the Legislature to create within Alabama a wholly intrastate system for the cultivation, processing, and distribution of medical cannabis in the interest of protecting its own residents from the danger that recreational cannabis poses.
(11) Requiring licensees to prove a history of residency within the state for a period of time is directly related to avoiding an influx of companies engaged in the recreational production of marijuana; the state has a substantial interest in protecting its residents from the dangers of recreational marijuana.
(12) Requiring that licensed cultivators, processors, transporters, and dispensaries of cannabis for medical use possess the requisite skill, expertise, resources, and capital to conduct operations as proposed in their business plans, and favoring those applicants who already possess the requisite skill, expertise, resources, and capital, promotes the goals of stability in licensing and reduces the risks of unlawful diversion and misuse. A lengthy base of agronomic experience will help achieve those goals, as will past experience participating in an agronomic supply chain.
(13) Ensuring that all cultivation, processing, transportation, and dispensing operations remain intrastate in nature reduces the risk of exposing licensees to the potential penalties of federal law based on the activities of their licensed operations.
(14) There is a pattern in states that have legalized the use of medical cannabis or medical marijuana; frequently, in the years following authorization of medical use, recreational marijuana is subsequently authorized. It is the intent of the Legislature to avoid a shift from medical cannabis usage to recreational marijuana usage. Therefore, safeguards to adequately protect the residents of this state are essential.
(Act 2021-450, §1.)
As used in this chapter, the following terms have the following meanings:
(1) APPLICANT. The entity or individual seeking a license under Article 4.
(2) BOARD. The State Board of Medical Examiners.
(3) CANNABIS. a. Except as provided in paragraph b., all parts of any plant of the genus cannabis, whether growing or not, including the seeds, extractions of any kind from any part of the plant, and every compound, derivative, mixture, product, or preparation of the plant.
b. The term does not include industrial hemp or hemp regulated under Article 11 of Chapter 8 of Title 2.
(4) COMMISSION. The Alabama Medical Cannabis Commission created pursuant to Section 20-2A-20.
(5) CULTIVATOR. An entity licensed by the commission under Section 20-2A-62 authorized to grow cannabis pursuant to Article 4.
(6) DAILY DOSAGE. The total amount of one or more cannabis derivatives, including, but not limited to, cannabidiol and tetrahydrocannabinol, which may be present in a medical cannabis product that may be ingested by a registered qualified patient during a 24-hour period, as determined by a registered certifying physician.
(7) DEPARTMENT. The Department of Agriculture and Industries.
(8) DISPENSARY. An entity licensed by the commission under Section 20-2A-64 authorized to dispense and sell medical cannabis at dispensing sites to registered qualified patients and registered caregivers pursuant to Article 4.
(9) DISPENSING SITE. A site operated by a dispensary licensee or an integrated facility licensee pursuant to Article 4.
(10) ECONOMIC INTEREST. The rights to either the capital or profit interests of an applicant or licensee or, if the applicant or licensee is a corporation, the rights to some portion of all classes of outstanding stock in the corporation.
(11) FACILITY or MEDICAL CANNABIS FACILITY. Any facility, or land associated with a facility, of a licensee.
(12) INTEGRATED FACILITY. An entity licensed under Section 20-2A-67 authorized to perform the functions of a cultivator, processor, secure transporter, and dispensary pursuant to Article 4.
(13) LICENSEE. A cultivator, processor, secure transporter, state testing laboratory, dispensary, or integrated facility licensed by the commission under Article 4.
(14) MEDICAL CANNABIS. a. A medical grade product in the form of any of the following, as determined by rule by the commission, that contains a derivative of cannabis for medical use by a registered qualified patient pursuant to this chapter:
Oral tablet, capsule, or tincture.
Non-sugarcoated gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape.
Gel, oil, cream, or other topical preparation.
Suppository.
Transdermal patch.
Nebulizer.
Liquid or oil for administration using an inhaler.
b. The term does not include any of the following:
Raw plant material.
Any product administered by smoking, combustion, or vaping.
A food product that has medical cannabis baked, mixed, or otherwise infused into the product, such as cookies or candies.
(15) MEDICAL CANNABIS CARD. A valid card issued pursuant to Section 20-2A-36.
(16) MEDICAL USE or USE OF MEDICAL CANNABIS or USE MEDICAL CANNABIS. The acquisition, possession, use, delivery, transfer, or administration of medical cannabis authorized by this chapter. The term does not include possession, use, or administration of cannabis that was not purchased or acquired from a licensed dispensary.
(17) PACKAGE. Any container that a processor may use for enclosing and containing medical cannabis. The term does not include any carry-out bag or other similar container.
(18) PATIENT REGISTRY. The Alabama Medical Cannabis Patient Registry System that is an electronic integrated system that tracks physician certifications, patient registrations, medical cannabis cards, the daily dosage and type of medical cannabis recommended to qualified patients by registered certifying physicians, and the dates of sale, amounts, and types of medical cannabis that were purchased by registered qualified patients at licensed dispensaries.
(19) PHYSICIAN CERTIFICATION. A registered certifying physician’s authorization for a registered qualified patient to use medical cannabis.
(20) PROCESSOR. An entity licensed by the commission under Section 20-2A-63 authorized to purchase cannabis from a cultivator and extract derivatives from the cannabis to produce a medical cannabis product or products for sale and transfer in packaged and labeled form to a dispensing site pursuant to Article 4.
(21) QUALIFYING MEDICAL CONDITION. Any of the following conditions or symptoms of conditions, but only after documentation indicates that conventional medical treatment or therapy has failed unless current medical treatment indicates that use of medical cannabis is the standard of care:
a. Autism Spectrum Disorder (ASD).
b. Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain.
c. Crohn’s Disease.
d. Depression.
e. Epilepsy or a condition causing seizures.
f. HIV/AIDS-related nausea or weight loss.
g. Panic disorder.
h. Parkinson’s disease.
i. Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome.
j. Post Traumatic Stress Disorder (PTSD).
k. Sickle Cell Anemia.
l. Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis.
m. Spasticity associated with Multiple Sclerosis or a spinal cord injury.
n. A terminal illness.
o. Tourette’s Syndrome.
p. A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.
(22) REGISTERED CAREGIVER. An individual who meets the requirements described in subsection (c) of Section 20-2A-30 and is authorized to acquire and possess medical cannabis and to assist one or more registered qualified patients with the use of medical cannabis pursuant to this chapter.
(23) REGISTERED CERTIFYING PHYSICIAN. A physician authorized by the State Board of Medical Examiners to certify patients for the use of medical cannabis under this chapter.
(24) REGISTERED QUALIFIED PATIENT. Either of the following:
a. An adult who meets the requirements described in subsection (a) of Section 20-2A-30 and is authorized to acquire, possess, and use medical cannabis pursuant to this chapter.
b. A minor who meets the requirements described in subsection (b) of Section 20-2A-30 and is authorized to use medical cannabis pursuant to this chapter with the assistance of a registered caregiver.
(25) SECURE TRANSPORTER. An entity licensed by the commission under Section 20-2A-65 authorized to transport cannabis or medical cannabis from one licensed facility or site to another licensed facility or site.
(26) STATE TESTING LABORATORY. An entity licensed under Section 20-2A-66 authorized to test cannabis and medical cannabis to ensure the product meets safety qualifications required under this chapter.
(27) STATEWIDE SEED-TO-SALE TRACKING SYSTEM. The tracking system established pursuant to Section 20-2A-54 that tracks all cannabis and medical cannabis in the state.
(28) UNIVERSAL STATE SYMBOL. The image established by the commission pursuant to Section 20-2A-53 made available to processors which indicates the package contains medical cannabis.
(Act 2021-450, §1; Act 2024-342, §1.)
This chapter supersedes state criminal and civil laws pertaining to the recommending, acquisition, possession, use, cultivation, manufacturing, processing, research and development, and sale of medical cannabis. The acquisition, possession, use, cultivation, manufacturing, processing, research and development, transportation, testing, or sale of cannabis or medical cannabis in compliance with this chapter and rules of the commission does not constitute a violation of Article 5 of Chapter 12 of Title 13A, or any other law to the contrary.
(Act 2021-450, §1.)
All data related to the implementation of this chapter, including, but not limited to, application forms, licensing information, physician certifications, registration of qualified patients and designated caregivers, compliance, and the status of cannabis research programs must be maintained in a secure system developed or procured by the commission. Data may not be sold, and patient information shall remain confidential, except as otherwise permitted pursuant to this chapter, and may not be transferred or sold.
(Act 2021-450, §1.)
(a) This chapter does not do any of the following:
(1) Require an insurer, organization for managed care, health benefit plan, or any individual or entity providing coverage for a medical or health care service to pay for or to reimburse any other individual or entity for costs associated with the use of medical cannabis.
(2) Require any employer to permit, accommodate, or allow the use of medical cannabis, or to modify any job or working conditions of any employee who engages in the use of medical cannabis or for any reason seeks to engage in the use of medical cannabis.
(3) Prohibit any employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment as a result, in whole or in part, of that individual’s use of medical cannabis, regardless of the individual’s impairment or lack of impairment resulting from the use of medical cannabis.
(4) Prohibit or limit the ability of any employer from establishing or enforcing a drug testing policy, including, but not limited to, a policy that prohibits the use of medical cannabis in the workplace or from implementing a drug-free workforce program established in accordance with Article 13, commencing with Section 25-5-330, of Chapter 5 of Title 25.
(5) Prohibit or limit any employer from adopting an employment policy requiring its employees to notify the employer if an employee possesses a medical cannabis card.
(6) Interfere with, impair, or impede, any federal restrictions on employment, including, but not limited to, regulations adopted by the United States Department of Transportation in Title 49, Code of Federal Regulations.
(7) Permit, authorize, or establish any individual’s right to commence or undertake any legal action against an employer for refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment due to the individual’s use of medical cannabis.
(8) Require a government medical assistance program, employer, property and casualty insurer, or private health insurer to reimburse an individual for costs associated with the use of medical cannabis.
(9) Affect, alter, or otherwise impact the workers’ compensation premium discount available to employers who establish a drug-free workplace policy certified by the Department of Labor, Workers’ Compensation Division, in accordance with Article 13, commencing with Section 25-5-330, of Chapter 5 of Title 25.
(10) Affect, alter, or otherwise impact an employer’s right to deny, or establish legal defenses to, the payment of workers’ compensation benefits to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test, as provided under Section 25-5-51.
(11) Affect, alter, or supersede any obligation or condition imposed on a parolee, probationer, or an individual participating in a pretrial diversion program or other court-ordered substance abuse rehabilitation program.
(b) For the purpose of obtaining needed medical care, including organ transplants, a registered qualified patient’s authorized use of medical cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a licensed health care professional and may not constitute the use of an illicit substance or otherwise disqualify a registered qualified patient from such needed medical care.
(c) An individual who is discharged from employment because of that individual’s use of medical cannabis, or refusal to submit to or cooperate with a drug test, shall be legally conclusively presumed to have been discharged for misconduct if the conditions of paragraph (3)a. of Section 25-4-78 are otherwise met.
(d) Nothing in this chapter shall prohibit the Department of Human Resources from considering a parent or caretaker’s use of medical cannabis as a factor for determining the welfare of a child in any of the following circumstances:
(1) There is evidence of child abuse or neglect.
(2) The best interest of a child is determined for custody purposes.
(3) A background check is performed for a prospective foster, adoptive, or kinship caretaker.
(Act 2021-450, §1.)
(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.
(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 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.
(Act 2021-450, §1.)
(a)(1) An individual may not distribute, possess, manufacture, or use medical cannabis or a medical cannabis product that has been diverted from a registered qualified patient, a registered caregiver, or a licensed cultivator, processor, secure transporter, dispensary, or a state testing laboratory.
(2) An individual who violates this section is guilty of a Class B felony.
(3) The penalty under this section is in addition to any penalties that a person may be subject to for manufacture, possession, or distribution of marijuana under Title 13A.
(b) This chapter does not permit any individual to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in any of the following conduct:
(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct, or violation of law.
(2) Possessing or using medical cannabis on any property of a K-12 school or day care or child care facility, in any correctional facility, or in a vehicle unless the medical cannabis is in its original package and is sealed and reasonably inaccessible while the vehicle is moving.
(Act 2021-450, §1.)
The commission shall provide annual written reports to the Legislature, with the first due no later than January 1, 2022, tracking implementation of this chapter. The report shall be made publicly available and posted on the commission’s website. The report shall include all of the following:
(1) The number of patients applying for and receiving medical cannabis cards.
(2) The qualifying medical conditions identified to obtain the medical cannabis cards.
(3) Comments from physicians and other health care providers and from pharmacists.
(4) Revenues and expenses of card issuance and licensing of medical cannabis facilities.
(5) Relevant developments in other states’ cannabis laws.
(6) Relevant scientific research.
(7) Applicable tax revenue.
(8) The commission’s annual operating expenses and revenues.
(9) The number of total applicants for each type of license under Article 4 and the number of veterans, minorities, and women who applied and the number of these applicants who were denied a license.
(10) Any other information available to the commission that would inform public officials of how this chapter affects the public.
(11) Any suggested legislative changes to this chapter or other state laws, including all of the following:
a. Any suggestions to ensure that veterans, women, and minorities are not unfairly discriminated against in obtaining licenses under Article 4.
b. Changes to reflect changes in federal law or regulation.
c. Changes based on additional medical or scientific research.
(Act 2021-450, §1.)
(a) There is created a special account in the State Treasury to be known as the Medical Cannabis Commission Fund. Expenditures from the Medical Cannabis Commission Fund may be made only by the commission to implement, administer, and enforce this chapter. Specifically, the Medical Cannabis Commission Fund includes all of the following:
(1) Tax proceeds collected pursuant to subsections (a) and (b) of Section 20-2A-80, less an amount sufficient to cover the cost of administration of the tax levies imposed under subsections (a) and (b) of Section 20-2A-80, which shall be retained by the Department of Revenue.
(2) License fees, civil penalties, and other fees or charges collected pursuant to Article 4.
(3) Any monies appropriated by the Legislature for the initial operation of the commission.
(b) Amounts in the Medical Cannabis Commission Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, but shall not be limited by the fiscal year appropriation cap.
(c) Beginning October 1, 2025, any funds in the Medical Cannabis Commission Fund in excess of actual expenses from the previous fiscal year shall be distributed, less 10 percent, as follows:
(1) 60 percent shall be transferred to the General Fund.
(2) 30 percent shall be transferred to the Medical Cannabis Research Fund established pursuant to subsection (f) of Section 20-2A-120.
(Act 2021-450, §1.)
The possession of a medical cannabis card lawfully obtained pursuant to this chapter does not infringe on the cardholder’s state or federal constitutional rights.
(Act 2021-450, §1.)
The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, the declaration shall not affect the part that remains.
(Act 2021-450, §1.)
An employee who is injured or killed under circumstances that might otherwise make the employee or the employee’s dependents eligible to receive worker’s compensation benefits under Chapter 5 of Title 25 is, along with the employee’s dependents, ineligible to receive compensation as defined in Section 25-5-1, if the injury or death occurred due to the employee’s impairment by medical cannabis, which shall be conclusively presumed in the event of a positive drug test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40, as provided under Section 25-5-51, or if the employee refuses to submit to or cooperate with a blood or urine test, as provided by that section.
(Act 2021-450, §3.)
(a) The Alabama Medical Cannabis Commission is established. The commission shall consist of the following members, with initial members appointed not later than July 1, 2021:
(1) Three members appointed by the Governor, one of whom is a physician licensed to practice medicine in this state; one of whom is a licensed pharmacist; and one of whom has experience in agricultural lending or banking. Initial terms shall be four, three, and two years, respectively.
(2) Three members appointed by the Lieutenant Governor, one of whom is a physician licensed to practice medicine in this state certified in the specialty of pediatrics; one of whom is licensed to practice law in this state who specializes in health law; and one of whom is a biochemist. Initial terms shall be one, four, and three years, respectively.
(3) Two members appointed by the President Pro Tempore of the Senate, one of whom is a physician licensed to practice medicine in this state certified in the specialty of oncology; and one of whom has experience in multiple crop development and agricultural practices. Initial terms shall be two and one years, respectively.
(4) Two members appointed by the Speaker of the House of Representative, one of whom has a background and experience in mental health or substance abuse counselling and treatment; and one of whom has professional experience in agricultural systems management. Initial terms shall be four and three years, respectively.
(5) One member appointed by the Commissioner of Agriculture and Industries who is experienced in agricultural production or agronomic or other horticultural practices. The initial term shall be two years.
(6) One member appointed by the State Health Officer. The initial term shall be four years.
(7) One member appointed by the Attorney General, who shall be a nonvoting advisory member. The initial term shall be three years.
(8) One member appointed by the Secretary of the Alabama State Law Enforcement Agency, who shall be a nonvoting advisory member. The initial term shall be one year.
(b) Each commission member appointed to the commission is subject to confirmation by the Senate during the legislative session in which the appointment is made or, if the appointment is made when the Legislature is not in session, during the next special or regular session. An appointee may serve in the position pending confirmation by the Senate. Each member of the committee shall serve after the expiration of his or her term until his or her successor is appointed.
(c) A member may not be an owner, shareholder, director, board member, or otherwise have an economic interest in an applicant or license issued under Article 4. Any current public official, candidate for public office, current public employee, or registered lobbyist may not serve as a member.
(d) Members must be at least 30 years of age and residents of this state for at least five continuous years immediately preceding their appointment. The appointing officers shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.
(e) After initial appointments, each member shall serve a term of four years, but may be reappointed for one additional term. If at any time there is a vacancy, a successor member shall be appointed by the respective appointing officer to serve for the remainder of the term. Members may be removed for cause by the appointing authority.
(f) The commission shall elect from the membership one member to serve as chair and one member to serve as vice-chair.
(g) While serving on business of the commission, members who are not public officials or public employees shall be entitled to a per diem of five hundred dollars ($500) per day, as well as actual travel expenses incurred in the performance of duties as a member, as other state employees are paid, when approved by the chair.
(h) The commission shall meet at least six times per year and hold other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. A majority of voting members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power, or function of the commission, and the concurrence of a majority of those present and voting in any matter within its duties is required for a determination of matters within its jurisdiction. A special meeting may be called by the chair, or upon the written request of two or more members. All members shall be duly notified by the commission director of the time and place of any regular or special meeting at least thirty days in advance of any meeting. Members may participate by telephone, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participating by such means shall constitute presence in person at a meeting for all purposes. The chair shall be responsible for setting and keeping a meeting schedule that ensures the commission meets the requirements of this chapter. A member who misses more than two meetings in one calendar year shall be subject to removal by his or her appointing authority.
(i)(1) The commission may employ a director to serve at the pleasure of the commission. The director’s salary shall be fixed by the commission and shall not be subject to Section 36-6-6. The director shall be at least 30 years of age and have been a citizen and resident of this state for at least five years prior to employment. The director is the chief administrative officer of the commission, and all personnel employed by the commission shall be under the director’s direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and responsible for the performance of all duties and functions delegated by the commission.
(2) The director shall maintain all records of the commission and also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission. A copy of the record of the minutes and business transacted and decisions rendered shall be kept on file at the commission’s main office and shall be available for public inspection.
(3) If the director is licensed to practice law in this state, he or she shall act and serve as hearing officer when designated by the commission and shall perform such duties as the regular hearing officer.
(j) The commission may employ an assistant director who shall perform all duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act, and serve as a hearing officer, and when designated as a hearing officer, the assistant director may perform the same duties and functions as the regular hearing officer.
(k) Each member of the commission shall be entitled to the immunity provided by Section 36-1-12.
(l) In any action or suit brought against the members of the commission in their official capacity in a court of competent jurisdiction, to review any decision or order issued by the commission, service of process issued against the commission may be lawfully served or accepted by the director on behalf of the commission as though the members of the commission were personally served with process.
(m) The commission may employ additional officers, including an inspection officer. The director, assistant director, and any other officer or employee shall be reimbursed for actual travel expenses as other state employees are paid, when approved by the chair.
(n) The commission shall retain legal counsel familiar with the requirements of this chapter and medical cannabis licensing and best practices in other states in order to assist the commission and staff with establishing a functional program and achieving compliance with applicable laws.
(o) All employees of the commission shall not be subject to the state Merit System Act.
(p) The commission shall be subject to the Alabama Administrative Procedure Act.
(Act 2021-450, §1.)
(a) A member of the commission and any individual employed by the commission may not be an owner, shareholder, director, or board member of, or otherwise have any economic interest in, a licensee. In addition, a member or employee of the commission may not have any family member who is employed by a licensee. A member or employee of the commission or his or her family member may not have an interest of any kind in any building, fixture, or premises occupied by any person licensed under this chapter; and may not own any stock or have any interest of any kind, direct or indirect, pecuniary or otherwise, by a loan, mortgage, gift, or guarantee of payment of a loan, in any licensee.
(b) A member or employee of the commission may not accept any gift, favor, merchandise, donation, contribution, or any article or thing of value, from any person licensed under this chapter.
(c) Any individual violating this section shall be terminated from employment or position, and as a consequence, the individual shall forfeit any pay or compensation which might be due.
(d) For purposes of this section, family member includes a spouse, child, parent, or sibling, by blood or marriage.
(e) A former member of the commission, for a period of two years after leaving service as a member of the commission, may not be an owner, shareholder, director, board member, or otherwise have an economic interest in an applicant or license issued under Article 4.
(f) In addition to any violation of Chapter 25 of Title 36, a violation of this section is a Class C misdemeanor.
(Act 2021-450, §1.)
(a) The Alabama Medical Cannabis Commission shall implement this chapter by making medical cannabis derived from cannabis grown in Alabama available to registered qualified patients and by licensing facilities that process, transport, test, or dispense medical cannabis.
(b) The commission shall administer and enforce this chapter and all rules adopted pursuant to this chapter.
(Act 2021-450, §1.)
(a)(1) A resident of this state who is 19 years of age or older is a registered qualified patient if he or she meets all of the following conditions:
a. Has been certified by a registered certifying physician as having a qualifying medical condition.
b. Is registered with the commission.
c. Has been issued a valid medical cannabis card by the commission.
(2) A registered qualified patient described in subdivision (1) may purchase, possess, or use medical cannabis, subject to subsection (d).
(b)(1) A resident of this state who is under the age of 19 is a registered qualified patient if he or she meets all of the following conditions:
a. Has been certified by a registered certifying physician as having a qualifying medical condition.
b. Is registered with the commission.
c. Has a qualified designated caregiver who is the patient’s parent or legal guardian.
(2) A registered qualified patient described in subdivision (1) may use medical cannabis but may not purchase or possess medical cannabis.
(c)(1) A resident of this state is a registered caregiver if he or she meets all of the following conditions:
a. Is registered with the commission.
b. Has been issued a valid medical cannabis card by the commission.
c. Is at least 21 years of age, unless he or she is the parent or legal guardian of, and caregiver for, a registered qualified patient.
d. Is the parent, legal guardian, grandparent, spouse, or an individual with power of attorney for health care of a registered qualified patient.
(2) A registered caregiver described in subdivision (1) may purchase and possess medical cannabis, subject to subsection (d), but may not use medical cannabis unless he or she is also a registered qualified patient.
(3) The commission, by rule, may limit the number of registered qualified patients a registered caregiver may have under his or her care.
(4) A registered caregiver may receive compensation for services provided to a registered qualified patient pursuant to this chapter.
(d) Notwithstanding subdivision (2) of subsections (a) and (c), a registered qualified patient or registered caregiver may not purchase more than 60 daily dosages of medical cannabis and may not renew the supply more than 10 days before the 60-day period expires. At no time may a registered qualified patient or registered caregiver possess more than 70 daily dosages of medical cannabis.
(Act 2021-450, §1.)
(a) In order for a physician to qualify as a registered certifying physician, he or she must meet the following requirements:
(1) Hold an active license to practice medicine under Chapter 24 of Title 34.
(2) Complete a four-hour course related to medical cannabis and complete a subsequent examination, both of which shall be offered by a multi-specialty statewide professional organization of physicians in this state that is recognized to accredit intrastate organizations to provide AMA PRA category 1 credits. The course must be administered at least annually and may be offered in a distance learning format, including an electronic online format upon request. The price of the course may not exceed five hundred dollars ($500). Every two years thereafter, in order to requalify, a certifying physician must complete a two-hour refresher course offered by an entity described in this subdivision.
(3) Pay an initial registration fee established by the board, not to exceed three hundred dollars ($300).
(4) Meet any additional qualifications established by rule by the board.
(b) Upon meeting the requirements of subsection (a), the board shall issue a registration certificate and registration number to each registered certifying physician. The board shall maintain on its website an updated list of registered certifying physicians.
(c) The board, by rule, may establish requirements for registered certifying physicians to remain qualified, grounds for revoking registration, and a process for renewing registration of qualified certifying physicians, including payment of an annual registration renewal fee, not to exceed two hundred dollars ($200).
(Act 2021-450, §1.)
A registered certifying physician may not do any of the following:
(1) Except for the limited purpose of performing a medical cannabis-related study, accept, solicit, or offer any form of remuneration from or to a qualified patient, designated caregiver, or any licensee, including a principal officer, board member, agent, or employee of the licensee, to certify a patient, other than accepting payment from a patient for the fee associated with the examination, medical consultation, or other treatment, including, but not limited to, any third party reimbursement for the same.
(2) Accept, solicit, or offer any form of remuneration from or to a dispensary for the purpose of referring a patient to a specific dispensary.
(3) Offer a discount of any other item of value to a qualified patient who uses or agrees to designate a specific caregiver or use a specific dispensary to obtain medical cannabis.
(4) Hold a direct or indirect economic interest in a licensee.
(5) Serve on the board of directors or as an employee of a licensee.
(6) Refer qualified patients to a specific caregiver or a specific dispensary.
(7) Advertise in a dispensary.
(8) Advertise on the physician’s website, brochures, or any other media that generally describe the scope of practice of the physician, any statement that refers to the physician as a “medical cannabis” or “medical marijuana” physician or doctor, or otherwise advertises his or her status as a registered certifying physician, other than the following: “Dr. _______ is qualified by the State of Alabama to certify patients for medical cannabis use under the Alabama Compassion Act.”
(Act 2021-450, §1.)
(a) In order to certify a patient, a registered certifying physician must diagnose the patient with at least one qualifying medical condition or confirm that the patient has been medically diagnosed with at least one qualifying medical condition.
(b) Not later than December 1, 2021, the board shall adopt rules for the issuance of physician certifications for patients to use medical cannabis as recommended by a registered certifying physician. The rules shall include, but not be limited to, all of the following:
(1) Requirements for patient examination and the establishment of a physician-patient relationship.
(2) Requirements for relevant information to be included in the patient’s medical record.
(3) Requirements for review of the patient’s controlled drug prescription history in the controlled substance prescription database established under Article 10 of Chapter 2 of this title.
(4) Requirements for review of the patient registry.
(5) Requirements for obtaining the voluntary and informed written consent from the patient to use medical cannabis, or from the patient’s designated caregiver to assist the patient with the use of medical cannabis, on a form created by the board and accessible at no charge on its website. The form shall include, but not be limited to, information relating to all of the following:
a. The federal and state classification of cannabis as a Schedule I controlled substance.
b. The approval and oversight status of cannabis by the Food and Drug Administration.
c. The current state of research on the efficacy of cannabis to treat the qualifying medical condition or conditions.
d. The potential for addiction.
e. The potential effect that cannabis may have on a patient’s coordination, motor skills, and cognition, including a warning against operating heavy machinery, operating a motor vehicle, or engaging in activities that require an individual to be alert or respond quickly.
f. The potential side effects of cannabis use.
g. The risks, benefits, and drug interactions of cannabis.
h. A statement that the use of medical cannabis could result in termination from employment without recourse and that costs may not be covered by insurance or government programs.
i. That the patient’s de-identified health information contained in the patient’s medical record, physician certification, and patient registry may be used for research purposes or used to monitor compliance with this chapter, as further provided in subsection (c) of Section 20-2A-35.
(6) Requirements for the issuance and reissuance of physician certifications by certifying physicians, the permissible length of duration of a physician certification, and the process and circumstances under which a physician certification may be deactivated, as well as stipulations for timely updating of physician certifications on the patient registry.
(c) At the time of physician certification, the registered certifying physician shall enter electronically in the patient registry, in a manner determined by rule by the board, relevant information necessary to appropriately identify the patient; the respective qualifying medical condition or conditions of the patient; the daily dosage and type of medical cannabis recommended for medical use; and any other information the board, by rule, deems relevant.
(d) A physician certification does not constitute a prescription for medical cannabis.
(e) A physician certification shall be valid for a period of time as determined by the board, but in no event may a physician certification exceed 12 months in duration.
(f)(1) The commission, by rule, shall specify, by form and tetrahydrocannabinol content, a maximum daily dosage of medical cannabis that may be recommended by a registered certifying physician for a particular qualifying medical condition, which may not exceed the limits set forth in subdivision (2).
(2) The maximum daily dosage may not exceed 50 mg of delta-9-tetrahydrocannabinol; provided, however, the maximum daily dosage may be increased under either of the following circumstances:
a. A registered certifying physician may increase a patient’s daily dosage if, after 90 days of continuous care under the physician during which time the patient was using medical cannabis, the physician determines that a higher daily dosage is medically appropriate, provided the maximum daily dosage under this paragraph may not exceed 75 mg of delta-9-tetrahydrocannabinol.
b. A registered certifying physician may increase a patient’s daily dosage if the patient has been diagnosed with a terminal illness, provided, if the recommended daily dosage exceeds 75 mg of delta-9-tetrahydrocannabinol, the physician shall notify the patient that the patient’s driver’s license will be suspended.
(g) A registered certifying physician may not lawfully recommend the use of medical cannabis with a potency greater than three percent tetrahydrocannabinol to any minor for any qualifying medical condition. A minor may not legally use medical cannabis with a potency greater than three percent tetrahydrocannabinol, whether or not the minor has a valid medical cannabis card. A parent or legal guardian of a minor who holds a medical cannabis card may not legally possess medical cannabis with a potency greater than three percent tetrahydrocannabinol, unless the parent or guardian holds a valid medical cannabis card for his or her own qualifying medical condition.
(Act 2021-450, §1.)
Any person who is recommended a daily dosage of medical cannabis that exceeds 75 mg of delta-9-tetrahydrocannabinol under paragraph (f)(2)b. of Section 20-2A-33, shall automatically have his or her driver’s license suspended, regardless of whether he or she holds a valid medical cannabis card under this chapter.
(Act 2021-450, §6.)
(a) In order to commence, use, and maintain a reliable system to track all aspects of patient and caregiver qualification not later than September 1, 2022, the commission shall establish and administer an integrated, electronic patient and caregiver registry, known as the Alabama Medical Cannabis Patient Registry System, that does all of the following:
(1) Receives and records physician certifications.
(2) Receives and tracks qualified patient registration and issuance of medical cannabis cards.
(3) Receives and tracks designated caregiver registration and issuance of medical cannabis cards.
(4) Includes in the patient registry database for each qualified patient registrant the name of the qualified patient and the patient’s designated caregiver, if applicable, the patient’s registered certifying physician, the respective qualifying medical condition or conditions, the recommended daily dosage and type of medical cannabis, and any other information the commission, by rule, deems relevant.
(5) Verifies that a medical cannabis card is current and valid and has not been suspended, revoked, or denied.
(6) Tracks purchases of medical cannabis at dispensaries by date, time, amount, and type.
(7) Determines whether a particular sale of medical cannabis transaction exceeds the permissible limit.
(8) Tracks medical cannabis cards that are denied, revoked, or suspended.
(9) Interfaces as necessary with the statewide seed-to-sale tracking system established under Article 4.
(10) Provides access as further provided in subsection (b).
(b) The patient registry shall be accessible to the following:
(1) State and local law enforcement agencies, provided the database may only be accessed upon probable cause or reasonable suspicion of a violation of a controlled substance law or of driving under the influence, and access is strictly limited to information that is necessary to verify that an individual is registered and possesses a valid and current medical cannabis card and, if appropriate, to verify that the amount and type of product in the individual’s possession complies with the daily dosage limit and type of medical cannabis recommended.
(2) Health care practitioners licensed to prescribe prescription drugs.
(3) Registered certifying physicians.
(4) Dispensaries.
(5) The State Board of Medical Examiners.
(6) Licensed pharmacists.
(c) The commission may monitor patient registrations in the patient registry for practices that could facilitate unlawful diversion or misuse of cannabis and shall recommend disciplinary action to the board as appropriate.
(Act 2021-450, §1.)
(a) Once certified, a patient and, if applicable, the patient’s designated caregiver, shall register in the patient registry. The commission shall develop the application and renewal process for patient and designated caregiver registration, that shall include, but not be limited to, an application form, relevant information that must be included on the form, any additional requirements for eligibility the commission deems necessary, and an application fee not to exceed sixty-five dollars ($65).
(b) If the certified patient or designated caregiver meets the criteria for registration, the commission shall place the patient or caregiver on the patient registry and issue the patient or designated caregiver a medical cannabis card. The commission shall determine the criteria for revoking or suspending a medical cannabis card. Medical cannabis cards shall be resistant to counterfeiting and tampering and, at a minimum, shall include all of the following:
(1) The name, address, and date of birth of the qualified patient or caregiver, as applicable.
(2) A photograph of the qualified patient or caregiver, as applicable.
(3) Identification of the cardholder as a qualified patient or a caregiver.
(4) The expiration date, as determined by commission rule.
(5) The following statement: “This card is only valid in the State of Alabama”.
(c) Once a patient or designated caregiver is registered and issued a medical cannabis card, he or she is qualified to acquire, possess, or use medical cannabis, as applicable.
(d) If a registered qualified patient or registered caregiver loses his or her medical cannabis card, he or she shall notify the commission within 10 days of becoming aware the card is lost or stolen. The commission, by rule, shall determine the process and fee for replacing a lost or stolen card, including a process for invalidating the lost or stolen card.
(e) The commission shall adopt rules to implement this section and may impose civil penalties for violations of this section.
(Act 2021-450, §1.)
(a) The state hereby preemptively regulates medical cannabis from seed-to-sale and shall reasonably regulate and control all aspects of the medical cannabis industry to meet the intent of this chapter. All functions and activities relating to the production of medical cannabis in the state shall be licensed, and licenses shall be granted to integrated facilities, as well as to independent entities in the following categories: Cultivator, processor, dispensary, secure transporter, and testing laboratory.
(b) The commission shall license, regulate, and enforce all aspects of medical cannabis under this article. The commission may seek and shall receive the cooperation of the Department of Agriculture and Industries in the regulation and enforcement of this article. The department may recover from the commission the department’s costs of cooperation.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) Where the commission is authorized under this article to determine the number of licenses of a specific license category the commission will grant, or increase the number of licenses of a specific license category to grant, the commission shall consider the population of the state, the number of active registered qualified patients, market demand, the unemployment rate, the need for agricultural and other business opportunities in communities, access to health care, infrastructure, and other factors the commission deems relevant in providing the greatest benefits to the residents of this state and taking into account the racial and economic makeup of the state.
(b) The commission shall ensure that at least one-fourth of all licenses, or in the case of Section 20-2A-67, one-fifth of all licenses, are awarded to business entities at least 51 percent of which are owned by members of a minority group or, in the case of a corporation, at least 51 percent of the shares of the corporation are owned by members of a minority group, and are managed and controlled by members of a minority group in its daily operations. For purposes of this subsection, minority group means individuals of African American, Native American, Asian, or Hispanic descent.
(c)(1) Notwithstanding any other provision of this chapter to the contrary, the commission shall not permit a dispensary to operate a dispensing site in any municipality or unincorporated area of a county unless the municipality or county has authorized the operation of dispensing sites within its boundaries, as provided in subdivision (2).
(2) Any county commission, by resolution, may authorize the operation of dispensing sites in the unincorporated areas of the county, and the governing body of any municipality, by ordinance, may authorize the operation of dispensing sites within the corporate limits of the municipality. The county commission or municipal governing body shall notify the commission not more than seven calendar days after adopting the resolution or ordinance.
(3) This subsection does not prohibit a municipality from adopting zoning ordinances restricting the operation of dispensing sites within its corporate limits.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) The commission shall have all powers necessary and proper to fully and effectively oversee the operation of medical cannabis facilities licensed pursuant to this article, including the authority to do all of the following:
(1) Investigate applicants for licenses, determine the eligibility for licenses, and grant licenses to applicants in accordance with this article and the rules.
(2) Investigate all individuals employed by licensees.
(3) At any time, through its investigators, agents, or auditors, without a warrant and without notice to the licensee, enter the premises, offices, facilities, or other places of business of a licensee, if evidence of compliance or noncompliance with this article or rules is likely to be found and consistent with constitutional limitations, for the following purposes:
a. To inspect and examine all premises of licensees.
b. To inspect and examine relevant records of the licensee and, if the licensee fails to cooperate with an investigation, impound, seize, assume physical control of, or summarily remove from the premises all books, ledgers, documents, writings, photocopies, correspondence, records, and videotapes, including electronically stored records, money receptacles, or equipment in which the records are stored.
c. To inspect the person, and inspect or examine personal effects of an individual who holds a license, while that individual is present in a medical cannabis facility of the licensee.
d. To investigate alleged violations of this article.
(4) Investigate alleged violations of this article or rules and take appropriate disciplinary action against a licensee.
(5) Require all relevant records of licensees, including financial or other statements, to be kept on the premises authorized for operation of the licensee or in the manner prescribed by the commission.
(6) Eject, or exclude or authorize the ejection or exclusion of, an individual from the premises of a licensee if the individual violates this article, rules, or final orders of the commission; provided, however, the propriety of the ejection or exclusion is subject to a subsequent hearing by the commission.
(7) Conduct periodic audits of licensees.
(8) Take disciplinary action as the commission considers appropriate to prevent practices that violate this article and rules.
(9) Take any other reasonable or appropriate action to enforce this article and rules.
(b) The commission shall adopt rules addressing the frequency of conducting periodic inspections and audits of respective licensees.
(c) The commission may enter into one or more memoranda of understanding with law enforcement agencies to assist with enforcement of this article.
(d) The commission may seek and shall receive the cooperation and assistance of the Alabama State Law Enforcement Agency in conducting criminal background checks and in fulfilling its responsibilities under this article. The Alabama State Law Enforcement Agency may recover its costs of cooperation under this article.
(e) The commission shall assist any prosecuting agency in the investigation or prosecution of a violation of a controlled substances law.
(f) Nothing in this article shall affect the authority of the Alabama Department of Environmental Management to administer and enforce any existing law over which the Alabama Department of Environmental Management has jurisdiction.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) The commission shall adopt rules as necessary to implement, administer, and enforce this article in a timely manner that allows persons to begin applying for a license by September 1, 2022. Rules must ensure safety, security, and integrity of the operation of medical cannabis facilities, that do all of the following for each category of license:
(1) Establish operating standards to ensure the health, safety, and security of the public and the integrity of medical cannabis facility operations.
(2) Require a minimum of two million dollars ($2,000,000) of liability and casualty insurance and establish minimum levels of other financial guarantees, if appropriate, that licensees must maintain.
(3) Establish qualifications and restrictions for individuals participating in or involved with operating medical cannabis facilities.
(4) Establish an on-site inspection process to be conducted at each facility of an applicant prior to being issued a license, as well as ongoing on-site inspections of the facilities of a licensee.
(5) Establish standards or requirements to ensure cannabis and medical cannabis remain secure at all times, including, but not limited to, requirements that all facilities of licensees remain securely enclosed and locked as appropriate.
(6) Subject to Section 20-2A-66, establish testing standards, procedures, and requirements for medical cannabis sold at dispensaries.
(7) Provide for the levy and collection of fines for a violation of this article or rules.
(8) Establish annual license fees for each type of license, provided the fee shall be not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), depending on the category of license.
(9) Establish quality control standards, procedures, and requirements.
(10) Establish chain of custody standards, procedures, and requirements.
(11) In compliance with Chapters 27 and 30 of Title 22, establish standards, procedures, and requirements for waste product storage and disposal and chemical storage.
(12) Establish standards, procedures, and requirements for securely and safely transporting medical cannabis between facilities.
(13) Establish standards, procedures, and requirements for the storage of cannabis and medical cannabis.
(14) Subject to Section 20-2A-63, establish packaging and labeling standards, procedures, and requirements for medical cannabis sold at dispensaries.
(15) Establish marketing and advertising restrictions for medical cannabis products and medical cannabis facilities.
(16) Establish standards and procedures for the renewal, revocation, suspension, and nonrenewal of licenses.
(b) The commission, by rule, shall design a universal state symbol that is a color image and made available to licensed processors to include on all packages of medical cannabis, as required under Section 20-2A-63.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) In order to ensure that all medical cannabis sold in the state maintains product quality to protect the health and welfare of state residents, the commission shall establish a statewide seed-to-sale tracking system for use as an integrated cannabis and medical cannabis tracking, inventory, and verification system. The system must allow for interface with third-party inventory and tracking systems as described in Section 20-2A-60 to provide for access by this state, licensees, and law enforcement personnel, to the extent that they need and are authorized to receive or submit the information, to comply with, enforce, or administer this chapter.
(b) At a minimum, the system must be capable of storing and providing access to information that, in conjunction with the patient registry and with one or more third-party inventory control and tracking systems under Section 20-2A-60, allows all of the following:
(1) Retention of a record of the date, time, amount, and price of each sale or transfer of medical cannabis to a registered qualified patient or registered caregiver.
(2) Effective seed-to-sale tracking of cannabis and medical cannabis sales and transfers among licensees and with regard to integrated facility licensees, among facilities of the licensee.
(3) Receipt and integration of information from third-party inventory control and tracking systems under Section 20-2A-60.
(c) The commission shall seek bids to establish, operate, and maintain the statewide seed-to-sale tracking system under this section. The commission shall do all of the following:
(1) Evaluate bidders based on the cost of the service and the ability to meet all of the requirements of this chapter.
(2) Give strong consideration to the bidder’s ability to prevent fraud, abuse, and other unlawful or prohibited activities associated with the commercial trade in cannabis and medical cannabis in this state, and the ability to provide additional tools for the administration and enforcement of this chapter.
(3) Institute procedures to ensure that the person awarded the contract does not disclose or use the information in the system for any use or purpose except for the enforcement, oversight, and implementation of this chapter.
(4) Require the person awarded the contract to deliver the functioning system by 180 days after award of the contract.
(d) The commission may terminate a contract with the person awarded the contract for a violation of this chapter.
(e) The information in the statewide seed-to-sale tracking system is confidential and is exempt from disclosure under the Open Records Act, Article 3 of Chapter 12 of Title 36; provided, however, information in the system may be disclosed for purposes of enforcing this chapter.
(Act 2021-450, §1.)
(a) Beginning September 1, 2022, a person may apply to the commission for a license for an integrated facility or for a license in one of the following independent categories: Cultivator, processor, secure transporter, state testing laboratory, or dispensary. The application shall be made under oath on a form provided by the commission and shall contain information as prescribed by the commission, including, but not limited to, all of the following:
(1) The name, business address, business telephone number, and Social Security number or if applicable, federal tax identification number, of the applicant.
(2) With regard to each business entity that has any ownership interest in the applicant, all of the following:
a. The identity of every individual having an indirect or direct ownership interest in that business entity. For purposes of this paragraph, if the business entity is a trust, the application shall disclose the names and addresses of all trustees and beneficiaries; if a privately held corporation, the names and addresses of all shareholders, officers, and directors; if a publicly held corporation, the names and addresses of all shareholders holding a direct or indirect interest of greater than five percent, officers, and directors; if a partnership or limited liability partnership, the names and addresses of all partners; if a limited partnership or limited liability limited partnership, the names of all partners, both general and limited; or if a limited liability company, the names and addresses of all members and managers.
b.1. The identity of all of the following other entities, if the other entities are directly or indirectly involved in the cannabis industry, including, but not limited to, the cultivation, processing, packaging, labeling, testing, transporting, or sale of cannabis:
(i) Any subsidiary, affiliate, conglomerate, parent, or other entity that shares common ownership, directly or indirectly, with the business entity.
(ii) Any partnership of which the business entity is a partner.
(iii) Any limited liability company of which the business entity is a member or manager.
(3)a. With regard to each individual having any ownership interest in the applicant, the identity of all of the following entities, if the entities are directly or indirectly involved in the cannabis industry, including, but not limited to, the cultivation, processing, packaging, labeling, testing, transporting, or sale of cannabis:
Any business entity of which the individual or his or her spouse, parent, or child has any equity interest.
Any partnership of which the individual or his or her spouse, parent, or child has any equity interest.
Any limited liability company of which the individual or his or her spouse, parent, or child is a member or manager.
b. This subdivision shall be construed broadly to ensure the broadest disclosure and greatest transparency reasonably possible.
(4) Whether an owner, director, board member, or individual with a controlling interest in the applicant has been indicted for, charged with, arrested for, convicted of, pled guilty or nolo contendere to, or forfeited bail concerning any criminal offense under the laws of any jurisdiction, either felony or controlled substance-related misdemeanor, not including traffic violations, regardless of whether the offense has been reversed on appeal or otherwise, including the date, the name and location of the court, arresting agency, and prosecuting agency, the case caption, the docket number, the offense, the disposition, and the location and length of incarceration.
(5) Whether an applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing board or commission in this state or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing board or commission, the date each action was taken, and the reason for each action.
(6) Whether an applicant has filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over the filings concerning the payment of, any tax required under federal, state, or local law, including the amount, type of tax, taxing agency, and time periods involved.
(7) A statement listing the names and titles of all public officials of any unit of government, and the spouses, parents, and children of those public officials, who, directly or indirectly, own any financial interest in, have any beneficial interest in, are the creditors of or hold any debt instrument issued by, or hold or have any interest in any contractual or service relationship with an applicant.
(8) The anticipated or actual number of employees; and projected or actual gross receipts.
(9) Financial information in the manner and form required by rule by the commission.
(10) Records indicating that a majority of ownership is attributable to an individual or individuals with proof of residence in this state for a continuous period of no less than 15 years preceding the application date.
(11) For an applicant seeking an integrated facility license or a cultivator license, records indicating that a majority of ownership is attributable to an individual or individuals, or an entity or entities, with cumulative business experience in the field of commercial horticulture or agronomic production for a period of at least 15 years.
(b) Each owner, shareholder, director, board member, and individual with an economic interest in an applicant shall submit to a state and national criminal background check. The commission shall determine the manner in which fingerprints of the individual shall be submitted to the Alabama State Law Enforcement Agency along with a sufficient fee required to perform the criminal history records check by the agency and by the Federal Bureau of Investigation. The applicant shall submit with its application the individual’s written consent to the criminal history records check.
(c) A false application is cause for the commission to deny a license. The commission shall not consider an incomplete application but, within a reasonable time, shall return the application to the applicant with notification of the deficiency and instructions for submitting a corrected application. Information the commission obtains from the background investigation is exempt from disclosure under the Open Records Act, Article 3 of Chapter 12 of Title 36.
(d) An applicant shall provide written consent to the inspections, examinations, searches, and seizures provided for in subdivision (a)(3) of Section 20-2A-52 and to disclosure to the commission and its agents of otherwise confidential records, including tax records held by any federal, state, or local agency, or credit bureau or financial institution, while applying for or holding a license. Information the commission receives under this subsection is exempt from disclosure under the Open Records Act.
(e) An applicant shall certify that the applicant does not have an economic interest in any other license under this article.
(f) A nonrefundable application fee of two thousand five hundred dollars ($2,500) shall be paid at the time of filing to defray the costs associated with the background investigation conducted by the commission. If the costs of the investigation and processing the application exceed the application fee, the applicant shall pay the additional amount to the commission. All information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the commission in the course of its review or investigation of an application for a license under this article shall be disclosed only in accordance with this article. The information, records, interviews, reports, statements, memoranda, or other data are not admissible as evidence or discoverable in any action of any kind in any court or before any department, agency, board, commission, or authority, except for any action considered necessary by the commission, unless so ordered by a court of competent jurisdiction according to the Rules of Civil Procedure.
(g) If the commission identifies a deficiency in an application, the commission shall provide the applicant with a reasonable period of time, as determined by the commission by rule, but not more than 60 days, to correct the deficiency.
(Act 2021-450, §1.)
(a) Before issuing any license under this article, the commission shall provide notice and a 30-day period during which members of the public may submit written comments regarding an applicant. The commission shall consider all comments received during the 30-day period. The commission may hold a public hearing as it deems necessary, at which the applicant may present its business plan for the operation of its facilities and allow further comments or questions from the public. The hearing shall be conducted in a manner that allows members of the public to participate remotely by virtual means.
(b) An applicant is ineligible to receive a license if any of the following circumstances exist:
(1) An owner, director, board member, or individual with a controlling interest in the applicant has been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 10 years or has been convicted of a controlled substance-related felony within the past 10 years; provided, however, the commission shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15.
(2) The applicant has knowingly submitted an application for a license under this article that contains false information.
(3) An owner, director, board member, or individual with an economic interest in the applicant is a member of the commission.
(4) The applicant fails to demonstrate the ability to maintain adequate minimum levels of liability and casualty insurance or other financial guarantees for its proposed facility.
(5) The applicant cannot provide records described in subdivision (a)(10) of Section 20-2A-55.
(6) For an applicant seeking an integrated facility license or a cultivator license, the applicant cannot provide records described in subdivision (a)(11) of Section 20-2A-55.
(7) The applicant fails to meet other criteria established by rule.
(c) In determining whether to grant a license to an applicant, the commission may consider all of the following:
(1) The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a facility of the applicant and of any other individual that meets either of the following:
a. Controls, directly or indirectly, the applicant.
b. Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant.
(2) The financial ability of the applicant to maintain required financial guarantees.
(3) The sources and total amount of the applicant’s capitalization to operate and maintain the proposed facility.
(4) Whether an owner, director, board member, or individual with a controlling interest in the applicant has been indicted for, charged with, arrested for, convicted of, pled guilty or nolo contendere to, or forfeited bail concerning, or had expunged any relevant criminal offense under the laws of any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of whether the offense has been expunged, pardoned, or reversed on appeal or otherwise.
(5) Whether the applicant has filed, or had filed against it, a proceeding for bankruptcy within the past seven years.
(6) Whether the applicant has been served with a complaint or other notice filed with any court or public agency regarding payment of any tax required under federal, state, or local law that has been delinquent for one or more years.
(7) Whether the applicant has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.
(8) Whether at the time of application the applicant is a defendant in litigation involving its business practices.
(9) The applicant’s ability to capitalize and conduct operations as proposed in its business plan, including business experience in related fields.
(10) The applicant’s history of business activities as it applies to the specific license for which the applicant is seeking licensure.
(11) The proposed location of all proposed medical cannabis facilities as being suitable for all activities, not inconsistent with applicable zoning, and the applicant’s ability to serve an identifiable geographic area.
(12) Whether the applicant meets other standards or requirements established under this article or by rules applicable to the license category.
(d) The commission shall review all applications for licenses and shall determine whether to grant or deny a license not more than 60 days after the date a license application was submitted, or if an applicant was notified of a deficiency under subsection (g) of Section 20-2A-55, the commission shall grant or deny a license not more than 60 days after the deficiency was corrected.
(e) After denial of a license, the commission, upon request, shall provide a public investigative hearing at which the applicant is given the opportunity to present testimony and evidence to establish its suitability for a license. Other testimony and evidence may be presented at the hearing, but the commission’s decision must be based on the whole record before the commission and is not limited to testimony and evidence submitted at the public investigative hearing.
(f) Before issuing a license, the applicant shall pay the annual license fee, as established by the commission.
(g) A license shall be issued annually. Except as otherwise provided in this article, the commission shall renew a license if both of the following requirements are met:
(1) The licensee applies to the commission in a timely manner on a renewal form provided by the commission that requires information prescribed in rules and pays the annual license fee.
(2) The licensee meets the requirements of this article and any other renewal requirements set forth in the rules.
(h) If a license renewal application is not submitted by the license expiration date, the license may be renewed within 60 days after its expiration date upon application, payment of the annual license fee, and satisfaction of any renewal requirement and late fee set forth in rules. The licensee may continue to operate during the 60 days after the license expiration date if the license is renewed by the end of the 60-day period.
(i) License expiration does not terminate the commission’s authority to impose sanctions on a licensee whose license has expired.
(j) A licensee shall consent in writing to inspections, examinations, searches, and seizures that are permitted under this article.
(k) An applicant or licensee has a continuing duty to provide information requested by the commission and to cooperate in any investigation, inquiry, or hearing conducted by the commission.
(Act 2021-450, §1.)
(a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license:
(1) An applicant or licensee fails to comply with this article or rules.
(2) A licensee no longer meets the eligibility requirements for a license under this article.
(3) An applicant or licensee fails to provide information the commission requests to assist in any investigation, inquiry, or commission hearing.
(b) The commission may impose civil fines of up to five thousand dollars ($5,000) against an individual and up to twenty-five thousand dollars ($25,000) or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of this article, rules, or an order of the commission. Assessment of a civil fine under this subsection is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of this article and is not grounds to suppress evidence in any criminal prosecution that arises under this article or any other law of this state.
(c) The commission shall comply with the hearing procedures of the Administrative Procedure Act when denying, revoking, suspending, or restricting a license or imposing a fine. The commission may suspend a license without notice or hearing upon a determination that the safety or health of registered qualified patients, registered caregivers, or employees is jeopardized by continuing a facility’s operation. If the commission suspends a license under this subsection without notice or hearing, a prompt post-suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the commission determines that the cause for suspension has been abated. The commission may revoke the license or approve a transfer or sale of the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard.
(d) Any party aggrieved by an action of the commission suspending, revoking, restricting, or refusing to renew a license, or imposing a fine, shall be given a hearing before the commission upon request. A request for a hearing must be made to the commission in writing within 21 days after service of notice of the action of the commission. Notice of the action of the commission must be served either by personal delivery or by certified mail, postage prepaid, to the aggrieved party. Notice served by certified mail is considered complete on the business day following the date of the mailing.
(e) The commission may conduct investigative and contested case hearings; issue subpoenas for the attendance of witnesses; issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents; and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the commission under this article.
(f) Any person aggrieved by an action of the commission under this article, within 30 days after receiving notice of the action, may appeal the action to the circuit court in the county where the commission is located.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) Each license is exclusive to the licensee. A license, and any interest in or rights under a license, and any ownership interest or other beneficial interest in a licensed entity, may not be sold, transferred, assigned, conveyed, or otherwise disposed of in any manner, in whole or in part, voluntarily or involuntarily, directly or indirectly, except upon application to and approval of the commission.
(b) A nonrefundable application fee of two thousand five hundred dollars ($2,500) shall be paid to the commission at the time of filing any transfer request under subsection (a).
(c) The attempted transfer, sale, or other conveyance of an interest or right in a license, or transfer of an ownership interest or other beneficial interest in a licensed entity, without the approval of the commission, shall be grounds for suspension or revocation of the license or for other sanction considered appropriate by the commission.
(Act 2021-450, §1.)
(a) The commission, prior to appointment, employment, or service for a licensee, shall require all officers, employees, contractors, and other individuals performing work of any character who would have access to cannabis, a medical cannabis facility, or related equipment or supplies, to submit to a state and national criminal background check. The commission shall determine the manner in which fingerprints of the individuals shall be submitted to the Alabama State Law Enforcement Agency along with a sufficient fee required to perform the criminal background check by the agency and the Federal Bureau of Investigation. Notwithstanding any state law to the contrary, all records related to any criminal background check conducted pursuant to this subsection shall be accessible and made available, upon request, by the commission.
(b) If the criminal background check of a prospective officer, employee, or contractor indicates a pending charge or conviction within the past five years for a controlled substance-related felony or a controlled substance-related misdemeanor, a licensee may not appoint, hire, or contract with the prospective officer, employee, or contractor without written permission of the commission; provided, however, a licensee shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15.
(c) Each licensee shall enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system in accordance with rules adopted by the commission.
(Act 2021-450, §1; Act 2024-342, §1.)
(a) Except as otherwise provided in subsection (b), a licensee shall adopt and use a third-party inventory control and tracking system that is capable of interfacing with the statewide seed-to-sale tracking system to allow the licensee to enter or access information in the statewide seed-to-sale tracking system as required under this article and rules. The third-party inventory control and tracking system must have all of the following capabilities necessary for the licensee to comply with the requirements applicable to the licensee’s license type:
(1) Tracking all cannabis plants, medical cannabis products, patient and caregiver purchase totals, waste, transfers, conversions, sales, and returns that are linked to unique identification numbers.
(2) Tracking lot and batch information throughout the entire chain of custody.
(3) Tracking all products, conversions, and derivatives throughout the entire chain of custody.
(4) Tracking cannabis plant, batch, and product destruction.
(5) Tracking transportation of product.
(6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall:
a. Sold product.
b. Product inventory that is finished and available for sale.
c. Product that is in the process of transfer.
d. Product being processed into another form.
e. Postharvest raw product, such as product that is in the drying, trimming, or curing process.
(7) Reporting and tracking loss, theft, or diversion of product containing cannabis.
(8) Reporting and tracking all inventory discrepancies.
(9) Reporting and tracking adverse patient responses or dose-related efficacy issues.
(10) Reporting and tracking all sales and refunds.
(11) Receiving testing results electronically from a state testing laboratory via a secured application program interface into the system and directly linking the testing results to each applicable source batch and sample.
(12) Identifying test results that may have been altered.
(13) Providing the licensee with access to information in the tracking system that is necessary to verify that the licensee is carrying out all transactions authorized under the licensee’s license in accordance with this article.
(14) Providing information to cross-check that product sales are made to a registered qualified patient, or a registered caregiver on behalf of a registered qualified patient, and that the product received the required testing.
(15) Providing the commission and state agencies with access to information in the database that they are authorized to access.
(16) Providing licensees with access only to the information in the system that they are required to receive before a sale, transfer, transport, or other activity authorized under a license issued under this article.
(17) Securing the confidentiality of information in the database by preventing access by a person who is not authorized to access the statewide seed-to-sale tracking system or is not authorized to access the particular information.
(18) Providing analytics to the commission regarding key performance indicators such as the following:
a. Total daily sales.
b. Total cannabis plants in production.
c. Total cannabis plants destroyed.
d. Total inventory adjustments.
(b) If the statewide seed-to-sale tracking system is capable of allowing a licensee to access or enter information into the statewide seed-to-sale tracking system without use of a third-party inventory control and tracking system, a licensee may access or enter information into the statewide seed-to-sale tracking system directly and the licensee is not required to adopt and use a third-party inventory control and tracking system.
(Act 2021-450, §1.)
(a)(1) With regard to any physical structure or vehicle owned, leased, or otherwise used by a licensee, the licensee may not do either of the following:
a. Advertise medical cannabis brand names or use graphics related to cannabis or paraphernalia on the exterior of the physical structure or vehicle.
b. Display medical cannabis products or paraphernalia so as to be clearly visible from the exterior of the physical structure or vehicle.
(2) Restrictions in this subsection shall apply to any item located on real property on which a licensee’s physical structures are located
(b) Advertising for medical cannabis may not contain any statements, illustrations, or other material that would be appealing to minors.
(c) The commission shall adopt rules that establish restrictions and requirements for advertising, including signage, that may include limiting the media or forums where advertising may occur.
(Act 2021-450, §1.)
AMENDED BY ACT 2024-342, EFFECTIVE JUNE 1, 2024. SEE VERSION LABELED PENDING.
(a)(1) A cultivator license authorizes all of the following:
a. The cultivation of cannabis.
b. The sale or transfer of cannabis to a processor.
c. If the cultivator contracts with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the sale or transfer of medical cannabis to a dispensary.
(2) A cultivator license authorizes the cultivator to transfer cannabis only by means of a secure transporter.
(b) The commission shall consult with the Department of Agriculture and Industries when determining the number of cultivator licenses to issue, provided the commission shall issue no more than 12 cultivator licenses.
(c) An applicant for a license under this section shall meet all of the following requirements:
(1) Demonstrate the ability to secure and maintain cultivation facilities.
(2) Demonstrate the ability to obtain and use an inventory control and tracking system as required under Section 20-2A-60.
(3) Demonstrate the ability to commence cultivation of cannabis within 60 days of application approval notification.
(4) Demonstrate the ability to destroy unused or waste cannabis in accordance with rules adopted by the department.
(5) Demonstrate the financial stability to provide proper testing of individual lots and batches.
(d) A licensed cultivator shall comply with all of the following, in accordance with rules adopted by the department:
(1) All facilities shall be protected by a monitored security alarm system, be enclosed, and remain locked at all times.
(2) All individuals entering and exiting facilities shall be monitored by video surveillance and keypad or access card entry.
(3) All employees may not have any conviction within the past 10 years for a controlled substance-related felony or a controlled substance-related misdemeanor other than a conviction that was overturned on appeal or a charge that was expunged pursuant to Chapter 27 of Title 15.
(4) Cultivars selected by a licensee must be approved by the department prior to acquisition of plant material for cultivation.
(e) A cultivator shall be subject to inspection by the department.
(f) The cultivation of cannabis pursuant to this chapter shall be considered an agricultural purpose for purposes of Section 40-23-4.
(g) Nothing in this section shall be construed to prohibit the hydroponic growing of cannabis.
(h) The department shall consult with the commission when adopting rules pursuant to this article.
(Act 2021-450, §1.)
(a)(1) A processor license authorizes all of the following:
a. The purchase or transfer of cannabis from a cultivator.
b. The processing of cannabis into medical cannabis which shall include properly packaging and labeling medical cannabis products, in accordance with this section.
c. The sale or transfer of medical cannabis to a dispensary.
(2) A processor license authorizes the processor to transfer medical cannabis only by means of a secure transporter.
(b) The commission shall issue no more than four processor licenses.
(c)(1) All medical cannabis products must be medical grade product, manufactured using documented good quality practices, and meet Good Manufacturing Practices, such that the product is shown to meet intended levels of purity and be reliably free of toxins and contaminants. Medical cannabis products may not contain any additives other than pharmaceutical grade excipients.
(2) The commission shall be responsible for enforcing Good Manufacturing Practices.
(d) Medical cannabis products may not be processed into a form that is attractive to or targets children, including all of the following which are prohibited:
(1) Any product bearing any resemblance to a cartoon character, fictional character whose target audience is children or youth, or pop culture figure.
(2) Any product bearing a reasonable resemblance to a product available for consumption as a commercially available candy.
(3) Any product whose design resembles, by any means, another object commonly recognized as appealing to, or intended for use by, children.
(4) Any product whose shape bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon rendering.
(e) All of the following shall apply to all packages and labels of medical cannabis products:
(1) Labels, packages, and containers shall not be attractive to minors and may not contain any content that reasonably appears to target children, including toys, cartoon characters, and similar images. Packages shall be designed to minimize appeal to children and must contain a label that reads: “Keep out of reach of children.”
(2) All medical cannabis products must be packaged in child-resistant, tamper-evident containers.
(3) All medical cannabis product labels shall contain, at a minimum, the following information:
a. Lot and batch numbers.
b. A license identification number for the cultivator and a license identification number for the processor.
c. Cannabinoids content and potency.
d. The universal state symbol printed in color at least one-half inch by one-half inch in size.
(f) The commission shall establish one universal flavor for all gelatinous cube, cuboid, and lozenge medical cannabis products.
(g) The following statement shall be included on each label, if space permits, or as an insert within the package: “WARNING: This product may make you drowsy or dizzy. Do not drink alcohol with this product. Use care when operating a vehicle or other machinery. Taking this product with medication may lead to harmful side effects or complications. Consult your physician before taking this product with any medication. Women who are breastfeeding, pregnant, or plan to become pregnant should discuss medical cannabis use with their physicians.”
(h) Any advertisement and any package or label may not contain any false statement or statement that advertises health benefits or therapeutic benefits of medical cannabis.
(i) The commission may require the implementation of a digital image such as a QR Code for purposes of tracking medical cannabis products. The digital image must interface with the statewide seed-to-sale tracking system.
(j) The commission shall determine what information from the label shall be entered into the statewide seed-to-sale tracking system.
(Act 2021-450, §1; Act 2024-342, §1.)
(a)(1) A dispensary license authorizes all of the following:
a. The purchase or transfer of medical cannabis from a processor.
b. If a cultivator contracted with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the purchase or transfer of medical cannabis from the cultivator.
c. The purchase or transfer of medical cannabis from an integrated facility.
d. The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.
(2) A dispensary license authorizes the dispensary to transfer medical cannabis only by means of a secure transporter, including transport between its dispensing sites.
(b) The commission shall issue no more than four dispensary licenses.
(c) A dispensary license authorizes the dispensary to transfer medical cannabis to or from a state testing laboratory for testing by means of a secure transporter.
(d) A licensed dispensary shall comply with all of the following:
(1) Each dispensing site must be located at least one thousand feet from any school, day care, or child care facility.
(2) Each dispensing site must be equipped with surveillance cameras that are focused on each point of entry and that operate on a continuous basis. The dispensary must maintain surveillance records for a minimum of 60 days following the date of recording.
(3) Sell and dispense medical cannabis at a dispensing site to a registered qualified patient or registered caregiver only after it has been tested and bears the label required for retail sale.
(4) Enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system as required in Section 20-2A-54.
(5) Only allow dispensing of medical cannabis by certified dispensers, as provided in subsection (e).
(6) Not allow the use of medical cannabis products on the premises.
(7) Only allow registered qualified patients and registered caregivers on the premises.
(e)(1) As used in this subsection, certified dispenser means an employee of a dispensary who dispenses medical cannabis to a registered qualified patient or registered caregiver and who has been trained and certified by the commission.
(2) The commission shall establish and administer a training program for dispensers that addresses proper dispensing procedures, including the requirements of this subsection, and other topics relating to public health and safety and preventing abuse and diversion of medical cannabis. The commission shall certify trained dispensers and may require, as a qualification to remain certified, periodic training.
(3) A certified dispensary shall comply with all of the following:
a. Before dispensing medical cannabis, inquire of the patient registry to confirm that the patient or caregiver holds a valid, current, unexpired, and unrevoked medical cannabis card and that the dispensing of medical cannabis conforms to the type and amount recommended in the physician certification and will not exceed the 60-day daily dosage purchasing limit.
b. Enter into the patient registry the date, time, amount, and type of medical cannabis dispensed.
c. Comply with any additional requirements established by the commission by rule.
(4) The commission shall adopt rules to implement this subsection.
(f) A licensee may operate up to three dispensing sites, each of which must be located in a different county from any other dispensing site; provided, however, the commission may authorize a licensee to operate a greater number of dispensing sites if, at least one year after the date when the maximum number of total dispensing sites authorized under this section and Section 20-2A-67 are operating, the commission determines that the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state. Notwithstanding the foregoing, a licensee may not operate any dispensing site in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under subsection (c) of Section 20-2A-51.
(Act 2021-450, §1.)
(a) A secure transporter license authorizes the licensee to store and transport cannabis and medical cannabis for a fee upon request of a licensee. A license does not authorize transport to a registered qualified patient or registered caregiver.
(b) A secure transporter shall comply with all of the following:
(1) Each employee who has custody of cannabis or medical cannabis shall not have been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past five years or have been convicted of a misdemeanor involving a controlled substance within the past five years.
(2) A route plan and manifest shall be entered into the statewide seed-to-sale tracking system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request.
(3) The cannabis or medical cannabis shall be transported in one or more sealed containers and not be accessible while in transit.
(4) A secure transporting vehicle may not bear markings or other indication that it is carrying cannabis or medical cannabis.
(c) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of cannabis or medical cannabis to determine compliance with this article.
(Act 2021-450, §1.)
(a) A state testing laboratory license authorizes the licensee to possess and test cannabis and medical cannabis products cultivated or processed at licensed facilities.
(b) The commission, by rule, shall establish protocols for product testing by a licensed state testing laboratory, which shall be conducted during cultivation, processing, and dispensing to ensure that all dispensed medical cannabis is consistently high grade and maintains a consistency with less than 0.5 percent variability among batches of the same product. The protocols for testing shall include the following, as well as a determination of corresponding tolerance limits:
(1) Cannabinoid content and potency, including, but not limited to, all of the following:
a. Total THC (THC+THCA).
b. Total CBD (CBD+CBDA).
c. THC/CBD ratio, if applicable.
d. Percent of THC relative to original plant material (w/w).
(2) Terpene profiles.
(3) Heavy metals.
(4) Chemical contamination, such as residual solvents remaining after extraction and concentration.
(5) Microbials, including pathogenic microbials.
(6) Mycotoxins.
(7) Residual insecticides, fungicides, herbicides, and growth regulators used during cultivation.
(8) Residual solvents.
(c) A state testing laboratory license authorizes the licensee to do all of the following without using a secure transporter:
(1) Take cannabis or medical cannabis from, test cannabis or medical cannabis for, and return cannabis or medical cannabis to only a respective licensed facility.
(2) Collect a random sample of cannabis or medical cannabis at the premises of a cultivator, processor, or dispensary for testing.
(d) The licensee shall be accredited and shown to meet the requirements for a testing laboratory in international standard ISO/IEC 17025, with the licensee’s scope of accreditation demonstrating testing capabilities in the categories of cannabinoids, pesticides, toxins, metals, and microbiological bacteria.
(e) To be eligible for a state testing laboratory license, the applicant and each investor with any interest in the applicant must not have an interest in any licensed cultivator, secure transporter, processor, or dispensary.
(f) The licensee shall comply with all of the following:
(1) Perform tests to certify that cannabis and medical cannabis is reasonably free of heavy metals, chemical contamination, residual pesticides and growth inhibitors, and residual solvents.
(2) Use validated test methods to determine delta-9-tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid levels.
(3) Perform tests that determine whether cannabis and medical cannabis comply with the standards the commission establishes for microbial and mycotoxin contents.
(4) Perform other tests necessary to determine compliance with any other good manufacturing practices as prescribed in rules.
(5) Have a secured laboratory space that cannot be accessed by the general public.
(6) Retain and employ at least one staff member with a relevant advanced degree in a medical or laboratory science.
(Act 2021-450, §1.)
(a) An integrated facility license authorizes all of the following:
(1) The cultivation of cannabis.
(2) The processing of cannabis into medical cannabis, including proper packaging and labeling of medical cannabis products.
(3) The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.
(4) The transport of cannabis or medical cannabis between its facilities.
(5) The sale or transfer of medical cannabis to a dispensary.
(b) The commission may issue no more than five integrated facility licenses.
(c) An integrated facility licensee shall have the same authorizations granted to, and shall comply with all requirements for, cultivators, processors, secure transporters, and dispensaries, in addition to any other authorizations or requirements under this section or as established by rule by the commission.
(d) An applicant for an integrated facility license shall provide all of the following:
(1) A letter of commitment or other acknowledgement, as determined by commission rule, of the applicant’s ability to secure a performance bond issued by a surety insurance company approved by the commission in the amount of two million dollars ($2,000,000).
(2) Proof of at least two hundred fifty thousand dollars ($250,000) in liquid assets.
(3) Proof that the applicant has the financial ability to maintain operations for not less than two years following the date of application.
(e) At the time a license is issued under this section, the commission shall ensure that the licensee has secured a performance bond as provided in subdivision (1) of subsection (d).
(f) A licensee may operate up to five dispensing sites, each of which must be located in a different county from any other dispensing site that the licensee operates; provided, however, the commission may authorize a licensee to operate a greater number of dispensing sites if, at least one year after the date when the maximum number of total dispensing sites authorized under this section and Section 20-2A-64 are operating, the commission determines that the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state. Notwithstanding the foregoing, a licensee may not operate any dispensing site in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under subsection (c) of Section 20-2A-51. This subsection shall not be construed to limit wholesale distribution from integrated facility licensees to dispensary licensees.
(Act 2021-450, §1.)
A license issued under this article is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. A licensee or any other person shall not lease, pledge, or borrow or loan money against a license.
(Act 2021-450, §1.)
(a) Commencing January 1, 2022, there is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected and remitted in accordance with Article 1, commencing with Section 40-23-1, of Chapter 23 of Title 40, a tax on the gross proceeds of the sales of medical cannabis when sold at retail in this state at the rate of nine percent of the gross proceeds of the sales.
(b)(1) Commencing January 1, 2022, there is levied an annual privilege tax on every person doing business under this chapter in Alabama. The tax shall accrue as of January 1 of every taxable year, or in the case of a taxpayer licensed under this chapter, during the year, or doing business in this state for the first time, as of the date the taxpayer is licensed to do business under this chapter. The tax shall be levied upon the taxpayer’s net worth in Alabama for the taxable year. For purposes of this subdivision, a taxpayer’s net worth in Alabama shall be determined by apportioning the taxpayer’s net worth computed under Section 40-14A-23, in the same manner as prescribed for apportioning income during the determination period for purposes of the income tax levied by Chapter 18 of Title 40, or the manner in which the income would be apportioned if the taxpayer were subject to the income tax.
(2) The amount of tax due shall be computed in the same manner and at the same rate of tax as prescribed in Section 40-14A-22, for purposes of determining the annual privilege tax levied by Chapter 14A of Title 40.
(3) The annual return required by this subsection shall be due no later than the corresponding federal income tax return, as required to be filed under federal law. In the case of a taxpayer’s initial return, the annual return shall be due no later than two and one-half months after the taxpayer is licensed to do business, or commences business, in Alabama.
(4) The Department of Revenue may grant a reasonable extension of time for filing returns under rules adopted by the Department of Revenue. No extension shall be for more than six months.
(5) The annual medical cannabis privilege tax shall be reported on forms and in the manner as prescribed by rule by the Department of Revenue. The failure to receive a form from the Department of Revenue shall not relieve a taxpayer from liability for any tax, penalty, or interest otherwise due. The tax due, as reported, shall constitute an admitted liability for that amount. The Department of Revenue may compute and assess additional tax, penalty, and interest against a taxpayer as provided in this chapter.
(c) The Department of Revenue shall adopt rules to implement this section.
(Act 2021-450, §2.)
(a) As used in this section, cannabis, medical cannabis, and use of medical cannabis shall have the same meanings as defined in Section 20-2A-3.
(b) There is established the Consortium for Medical Cannabis Research for the purpose of awarding grants to entities for research relating to cannabis and medical cannabis. The initial member institutions shall consist of the HudsonAlpha Institute for Biotechnology, the Southern Research Institute, and public and private four-year colleges and universities within the state designated not later than January 1, 2022, by the Alabama Commission on Higher Education. Membership in the consortium may be increased or decreased by rules established by the board of directors of the consortium.
(c) The management of the consortium shall be vested in a board of directors, composed of the President of HudsonAlpha Institute for Biotechnology, the Chief Executive Officer of the Southern Research Institute, and the presidents of each member college and university. The board of directors shall determine the overall program and general policies of the consortium in conformance with the purposes set forth in subsection (d). The board may elect or appoint officers as it deems desirable, who may or may not be members of the board, to have responsibilities and to exercise authority as the board may prescribe.
(d) The purposes of the consortium are as follows:
(1) Award grants to public or private entities to conduct rigorous research relating to cannabis, the cannabis industry, medical cannabis, and the use of medical cannabis and its impact.
(2) Monitor research conducted pursuant to grant awards and require accountability by entities awarded grants.
(3) Encourage dialog among interested entities.
(4) Effectively disseminate research findings and outcomes.
(e) By February 15 of each year, the board of directors shall issue a report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General on research projects, research findings, community outreach initiatives, and future plans for the consortium.
(f) There is created a special account in the State Treasury to be known as the Medical Cannabis Research Fund. Expenditures from the Medical Cannabis Research Fund shall be made to fund grants awarded by the consortium in accordance with this section and to otherwise implement and administer this section. Amounts in the Medical Cannabis Research Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(Act 2021-450, §4.)
(a) This chapter shall be known and may be cited as the Agent Billy Clardy III Act.
(b) For the purposes of this chapter, the following terms have the following meanings:
(1) AGENCY. Alabama State Law Enforcement Agency.
(2) AGGRIEVED INDIVIDUAL. An individual who was a party to an intercepted wire or electronic communication or an individual against whom the interception was directed.
(3) ATTORNEY GENERAL. The Attorney General of the State of Alabama or his or her designee.
(4) COMMUNICATION COMMON CARRIER. The term as defined in 47 U.S.C. § 153(11).
(5) COMMUNICATIONS SERVICE PROVIDER. A provider of communications service as defined in Section 37-2A-2.
(6) CONTENTS. When used with respect to a wire or electronic communication, any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication.
(7) ELECTRONIC COMMUNICATION. Any transfer of an electronic or other signal, including any fax signal, computer generated signal, other similar signal, or scrambled or encrypted signal transferred via wire, radio, electromagnetic, photoelectric, or photo optical system from one party to another in which the involved parties may reasonably expect the communication to be private.
(8) ELECTRONIC, MECHANICAL, OR OTHER DEVICE. A device or apparatus primarily designed or used for the nonconsensual interception of wire or electronic communications.
(9) FOREIGN LANGUAGE. Any language not recognized as the official language of this state as provided in Section 36.01 of the Constitution of Alabama of 2022.
(10) INTERCEPT. The aural or other acquisition of the contents of a wire or electronic communication through the use of an electronic, mechanical, or other device.
(11) INTERPRETIVE SERVICES. Assistance in interpreting intercepted wire or electronic communications that contain coded language or foreign language and in minimizing the interception of communications that are not subject to interception under this chapter.
(12) INVESTIGATIVE OFFICER. A special agent of the agency, a special agent of the Attorney General’s office, or any other law enforcement officer of this state designated by the secretary of the agency who meets guidelines established by the secretary and who has successfully completed a training course approved by the Attorney General on the legal and technical aspects of the interception and use of wire or electronic communications.
(13) JUDGE OF COMPETENT JURISDICTION. A circuit court judge in the county where the intercept is expected to take place or a circuit court judge designated by the Chief Justice of the Supreme Court or by the Alabama Supreme Court to hear intercept applications or where the interception takes place.
(14) PERSON. An individual, corporation, partnership, company, or other business entity.
(15) PROSECUTOR. A district attorney or his or her designee.
(16) QUALIFIED INTERPRETER. An individual who is qualified, through training or experience satisfactory to the secretary, to interpret coded language or a foreign language and who is approved by the secretary to provide interpretive services for an intercept pursuant to Section 20-2B-2.1.
(17) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency or his or her designee.
(18) WIRE COMMUNICATION. A communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by an individual engaged as a communication common carrier or communications service provider in providing or operating the facilities for the transmission of communications.
(Act 2022-236, §§1, 2; Act 2025-447, §1.)
(a) No individual or other agency, other than the Alabama State Law Enforcement Agency, may own or possess an electronic, mechanical, or other device.
(b) Only investigative officers may install, operate, or monitor an electronic, mechanical, or other device.
(c) Any law enforcement officer of this state may assist in the operation and monitoring of an interception of a wire or electronic communication as long as an investigative officer is present at all times.
(d) The agency shall perform audits on the electronic, mechanical, or other devices.
(e) The secretary may approve the use of an electronic, mechanical, or other device that is being used by a federal agency, as long as the approval is made in writing and attached to the original affidavit.
(Act 2022-236, §2.)
(a) Subject to the approval of the secretary, an intercept authorized pursuant to this chapter may be conducted with the aid of interpretive services in the following circumstances:
(1) In anticipation of intercepting a wire or electronic communication using coded language or a foreign language, one or more qualified interpreters may be present during the intercept, as long as an investigative officer is also present.
(2) If an intercepted communication uses coded language or a foreign language and a qualified interpreter is not available during the intercept, one or more qualified interpreters may provide interpretive services as soon as practicable after the intercept.
(b) Before providing interpretive services, a qualified interpreter who is not a law enforcement officer of this state shall take an oath that he or she will provide a true interpretation in an understandable manner to the best of his or her skill or judgment.
(c) The state may enter into contracts for interpretive services pursuant to this chapter.
(Act 2025-447, §2.)
Orders authorizing, approving, or extending the interception of wire or electronic communications may be granted, subject to this chapter, when the intercept may provide or has provided evidence an individual is committing, has committed, or is about to commit a felony drug offense included in Article 5, commencing with Section 13A-12-201, of Chapter 12, of Title 13A.
(Act 2022-236, §2.)
(a)(1) An investigative officer may submit a written request to the secretary requesting the secretary apply for an intercept order. If the secretary approves the request, the secretary may submit a written request to the Attorney General requesting the Attorney General apply for an intercept order to a judge of competent jurisdiction. The written request shall be on a form approved by the Attorney General and shall include an affidavit.
(2) The affidavit shall include all of the following:
a. The identity of the investigating officer making the application.
b. A statement of the facts and circumstances relied upon by the applicant to justify the belief that an order should be issued, including all of the following:
Details of the specific offense that has been committed, is being committed, or will be committed.
A particular description of the nature and location of the communications facilities from which, or the place where, the communication is to be intercepted.
A particular description of the type of communication sought to be intercepted.
The identity of the individual, if known, whose communications are to be intercepted.
c. A statement that other investigative procedures have been attempted and failed, reasonably appear to be unlikely to succeed if attempted, or are too dangerous to be attempted.
d. A statement of the period of time the intercept is required to be maintained, including a statement of whether the intercept will automatically terminate when the described communication is first obtained. If the authorization for the intercept does not automatically terminate when the described type of communication is obtained, facts that establish probable cause to believe additional communications of the same type will occur.
e. A statement of the facts concerning all previous applications known to the applicant, made to any judge for approval of an intercept involving the same individual, facilities, or places specified in the application and the action taken by the judge, if known.
f. If the application is for the extension of an order, a statement explaining the results obtained from the intercept or a reasonable explanation of the failure to obtain required results.
(b)(1) The Attorney General shall review the request and decide whether it is appropriate to submit an application to a judge of competent jurisdiction for an intercept order.
(2) If the Attorney General decides to submit an application, he or she shall notify the secretary or the investigative officer.
(3) If the Attorney General declines to submit an application, he or she shall send the secretary or the investigative officer a notice of declination within 10 days.
(Act 2022-236, §2.)
(a) Upon receiving an application from the Attorney General for an intercept order, a judge of competent jurisdiction may enter an ex parte intercept order as requested or as modified, authorizing an intercept within the territorial jurisdiction of the court if the judge determines all of the following:
(1) There is probable cause to believe that an individual is committing, has committed, or is about to commit a felony drug offense included in Article 5, commencing with Section 13A-12-201, of Chapter 12, of Title 13A.
(2) There is probable cause to believe that specific communications concerning that offense will be obtained through the intercept.
(3) Normal investigative procedures have been attempted and have failed, reasonably appear to be unlikely to succeed if attempted, or are too dangerous to be attempted.
(4) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are being leased to, listed in the name of, or commonly used by the individual described in the application.
(b) Each intercept order authorizing or approving the interception of a wire or electronic communication shall specify all of the following:
(1) The identity of the individual, if known, whose communications are to be intercepted.
(2) The nature and location of the communications facilities which, or the place where, authority to intercept is granted, and the means by which the intercept may be made.
(3) A description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates.
(4) The identity of the agency authorized to intercept the communications and the individual requesting the application.
(5) The period of time the intercept is authorized, including a statement of whether the intercept automatically terminates when the described communication is first obtained.
(c) The intercept order authorizing the intercept, upon request of the applicant, shall direct that a communication common carrier, communications service provider, custodian, or other individual furnish the applicant all information, facilities, and technical assistance necessary to accomplish the intercept unobtrusively and with a minimum of interference with the services that the carrier, custodian, or other individual is providing the individual whose communications are to be intercepted. Any communication common carrier, communications service provider, custodian, or other individual furnishing facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing facilities or assistance at the prevailing rates.
(d)(1) An intercept order entered pursuant to this chapter may not authorize the interception of a wire or electronic communication for any period longer than is necessary to achieve the objective of the authorization, and in no event for more than 30 days. The 30-day period begins either when the investigative officer first begins to conduct an intercept under the intercept order, or 10 days after the order is entered, whichever is sooner.
(2) The issuing judge may grant extensions of an intercept order, but only upon an application for an extension made in accordance with this chapter. The period of extension may not be for any period longer than the authorizing judge deems necessary to achieve the objective for which it is granted, and in no event may the extension be for more than 30 days. To be valid, each order and extension of an order shall provide that the authorization to intercept be executed as soon as practicable, be conducted in a way that minimizes the interception of communications not otherwise subject to interception under this chapter, and terminate upon obtaining the authorized objective or within 30 days, whichever occurs sooner.
(e) Whenever an order authorizing an intercept is entered pursuant to this chapter, the order may require reports to the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Reports shall be made at any interval required by the judge.
(f) A judge who issues an order authorizing the interception of a wire or electronic communication may not hear a criminal prosecution in which evidence derived from the interception may be used or in which the order may be an issue.
(g) For jurisdictional purposes, the territorial jurisdiction pursuant to subsection (a) includes both the location of the device and the original listening post. A judge in either jurisdiction, or a circuit court judge designated by the Chief Justice of the Supreme Court or by the Alabama Supreme Court to hear intercept applications, may issue an intercept order.
(Act 2022-236, §2.)
(a) The contents of a wire or electronic communication intercepted by means authorized by this chapter shall be recorded on tape, wire, or other comparable device, to the extent practicable. The recording of the contents of a wire or electronic communication under this section shall be performed in a way that protects the recording from editing or other alterations.
(b) Immediately following the expiration of an intercept order, or all extensions, if any, the recordings shall be made available to the judge issuing the order and shall be sealed. Custody of the recordings shall be wherever the judge orders. The recordings may not be destroyed until at least 10 years after the date of expiration of the order and the last extension, if any. A recording may be destroyed only by order of the judge who authorized the interception, or his or her successor.
(c) Duplicate recordings may be made for use or disclosure pursuant to Section 20-2B-8 for investigative purposes. One copy shall remain in the custody of the judge and one copy shall be given to the entity that executed the intercept order.
(d) The presence of a seal as required in subsection (b), or a satisfactory explanation of its absence, shall be a prerequisite for the use or disclosure of the contents of any wire or electronic communication or any evidence derived from the communication under Section 20-2B-8.
(e) A violation of this section shall be punished as contempt of court.
(Act 2022-236, §2.)
(a) The judge of competent jurisdiction shall seal each application made, and order granted, under this chapter. Custody of the applications and orders shall be wherever the judge orders. An application or order may be disclosed only upon a showing of good cause before a judge of competent jurisdiction. An application or order may not be destroyed until at least 10 years after the date it was sealed. An application or order may be destroyed only by order of the judge who authorized the interception, or his or her successor.
(b) A violation of this section shall be punished as contempt of court.
(Act 2022-236, §2.)
(a) Within a reasonable time, but not later than 90 days after the date an application for an order is denied or after the date an order, or the last extension, if any, expires, the judge who granted or denied the application shall serve an inventory on the individuals named in the order or the application or any other parties to the intercepted communications deemed appropriate by the issuing judge, if any. The inventory shall include a notice of all of the following:
(1) The entry of the order or the application.
(2) The date of the entry and the period of authorized interception or the date of denial of the application.
(3) Whether wire or electronic communications were intercepted during the authorized period.
(b) Upon a motion, the judge may make available for inspection to any individual or individuals whose communications have been intercepted, or their counsel, any portion of an intercepted communication, application, or order the judge determines is in the interest of justice to disclose to that individual.
(c) Upon an ex parte showing of good cause to the judge, the serving of the inventory required by this section may be postponed, but evidence derived from an order under this chapter may not be disclosed in any trial until after the inventory has been served.
(Act 2022-236, §2.)
(a) The contents of an intercepted wire or electronic communication, or evidence derived from the communication, may not be entered in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party has been furnished a copy of the court order and application under which the intercept was authorized or approved, at least 10 days before the date of the trial, hearing, or other proceeding. The 10-day period may be waived by the judge if he or she finds it is not possible to furnish the party with the information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(b) An aggrieved individual charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States or of this state or a political subdivision of this state, may move to suppress the contents of an intercepted wire or electronic communication or evidence derived from the communication on any of the following grounds:
(1) The communication was unlawfully intercepted.
(2) The order authorizing the interception is insufficient on its face.
(3) The interception was not made in conformity with the order.
(c) The motion to suppress shall be made before the trial, hearing, or proceeding, unless there was no opportunity to make the motion before the trial, hearing, or proceeding, or the individual was not aware of the grounds of the motion before the trial, hearing, or proceeding. The hearing on the motion shall be held in camera upon the written request of the aggrieved individual. If the motion is granted, the contents of the intercepted wire or electronic communication, and evidence derived from the communication, shall be treated as inadmissible evidence. The judge, on the filing of the motion by the aggrieved individual, shall make available for inspection to the aggrieved individual, or his or her counsel, any portion of the intercepted communication, or evidence derived from the communication, that the judge determines is in the interest of justice to make available.
(Act 2022-236, §2.)
(a) Any law enforcement officer who obtains, by any means authorized by this chapter, knowledge of the contents of a wire or electronic communication, or evidence derived from the communication, may disclose the contents, or evidence derived, to another law enforcement officer if the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(b) Any law enforcement officer who obtains, by any means authorized by this chapter, knowledge of the contents of a wire or electronic communication, or evidence derived from the communication, may use the contents, or evidence derived, if the use is appropriate to the proper performance of the official duties of the officer.
(c) Any individual who receives, by any means authorized by this chapter, information concerning a wire or electronic communication, or evidence derived from the communication, may disclose the contents of the communication, or evidence derived from the communication, while giving testimony in any proceeding held under the authority of the United States, this state, or a political subdivision of this state.
(d) No privileged wire or electronic communication intercepted in accordance with, or in violation of, this chapter shall lose its privileged character.
(e) When an investigative officer, while engaged in intercepting wire or electronic communications in a manner authorized by this chapter, intercepts communications relating to an offense other than those specified in the intercept order, the contents of, and evidence derived from, the communication may be disclosed or used as provided by subsection (a) and (b). The contents of, and any evidence derived from the communication may be used under subsection (c) when a judge of competent jurisdiction finds, on a subsequent application, that the contents were otherwise intercepted in accordance with this chapter. The subsequent application shall be made as soon as practicable.
(Act 2022-236, §2.)
(a) On or before January 31 of each year, any judge who has issued an order, or an extension of an order, pursuant to Section 20-2B-5 that expired during the preceding year, or who has denied approval of an intercept order during the preceding year, shall report to the Administrative Office of the United States Courts all of the following:
(1) The fact that an order or extension was sought.
(2) The kind of order or extension sought.
(3) The fact that the order or extension was granted as applied for, was modified, or was denied.
(4) The period of intercepts authorized by the order and the number and duration of any extensions of the order.
(5) The offense specified in the order, application, or extension.
(6) The identity of the officer making the request and the individual authorizing the application.
(7) The nature of the facilities or the place where communications were to be intercepted.
(b) On or before March 31 of each year, the Attorney General shall report to the Administrative Office of the United States Courts the following information for the preceding calendar year:
(1) The information required by subsection (a) with respect to each application for an order or extension made.
(2) A general description of the intercepts made under each order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of individuals whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions.
(3) The number of arrests resulting from interceptions made under each order or extension and the offenses for which arrests were made.
(4) The number of trials resulting from intercepts.
(5) The number of motions to suppress made with respect to intercepts and the number granted or denied.
(6) The number of convictions resulting from intercepts, the offenses for which the convictions were obtained, and a general assessment of the importance of the intercepts.
(7) The information required by subdivisions (2) through (6) with respect to orders or extensions obtained.
(c) Any judge required to file a report with the Administrative Office of the United States Courts and the Attorney General shall forward a copy of the report to the secretary by March 15 of each year.
(d) On or before April 15 of each year, the secretary shall submit to the Alabama Administrative Office of Courts a report of all intercepts conducted pursuant to this chapter and terminated during the preceding calendar year. Such report shall include all of the following:
(1) All reports received by judges and the report received by the Attorney General, as required by this section.
(2) The number of agency personnel and other designated law enforcement officers authorized to possess, install, or operate electronic, mechanical, or other devices.
(3) The number of agency personnel and other designated law enforcement officers who participated or engaged in the seizure of intercepts pursuant to this chapter during the preceding calendar year.
(4) The total cost to the agency of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided by the agency.
(e) On or before April 15 of each year, the secretary shall submit to the Legislative Council a report of all intercepts conducted pursuant to this chapter and terminated during the preceding calendar year.
(Act 2022-236, §2.)
(a) An individual whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person that intercepts, discloses, or uses, or procures another person to intercept, disclose, or use, the communication, and may recover from the person or persons that engaged in the violation any of the following:
(1) Actual damages.
(2) Punitive damages.
(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.
(b) This section does not apply to any of the following individuals if acting in a reasonable manner pursuant to this chapter:
(1) An operator of a switchboard, or an officer, employee, or agent of a communication common carrier or a communications service provider whose facilities are used in the transmission of a wire communication, who intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication.
(2) An officer, employee, or agent of a communication common carrier or communications service provider who employs or uses any equipment or device that may be attached to any telephonic equipment of any subscriber which permits the interception and recording of any telephonic communications solely for the purposes of business service improvements.
(3) An officer, employee, or agent of a communication common carrier or communications service provider who provides information, facilities, or technical assistance to an investigative officer who is authorized as provided by this chapter to intercept a wire or electronic communication.
(4) An individual acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception.
(5) An individual not acting under authority of law who intercepts a wire or electronic communication if the individual is a party to the communication, or if one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state or for the purpose of committing any other injurious act.
(c) A good faith reliance on a court order is a complete defense to any civil cause of action brought under this chapter.
(Act 2022-236, §2; Act 2025-447, §1.)
Any individual who knowingly and intentionally possesses, installs, operates, or monitors an electronic, mechanical, or other device in violation of this chapter shall be guilty of a Class C felony.
(Act 2022-236, §2.)
(a) This chapter does not apply to an individual who is a subscriber to a service operated by a communication common carrier or communications service provider and who intercepts a communication on a telephone or similarly used device to which he or she subscribes.
(b) This chapter does not apply to individuals who are members of the household of the subscriber who intercepts communications on a telephone or similarly used device in the home of the subscriber.
(Act 2022-236, §2.)
The secretary may issue an administrative subpoena to a communication common carrier or a communications service provider to compel production of business records if the records requested satisfy both of the following:
(1) Are local or long-distance toll records or subscriber information.
(2) Are material to an active investigation of a felony violation of the Alabama Uniform Controlled Substance Act, as provided in Chapter 2, being conducted by a special agent of the agency.
(Act 2022-236, §2.)
THIS SECTION WAS REPEALED BY ACT 2025-447, EFFECTIVE JUNE 1, 2025.
(Act 2022-236, §2; Act 2025-447, §3.)
This chapter shall be known and cited as the “John G. Page, Jr., Act.”
(Act 2002-498, p. 1288, §1.)
As used in this chapter, the following terms shall have the following meanings:
(1) ASSISTED LIVING FACILITY. An institution or facility licensed as an assisted living facility under regulations of the State Board of Health.
(2) CHARITABLE CLINIC. The term includes an established free medical clinic as defined in subdivision (1) of Section 6-5-662 and any community health center provided for under the federal Public Health Service Law.
(3) CHARITABLE PATIENT. For purposes of this chapter, the term shall not include patients who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription drug program funded in whole or in part by the state.
(4) DRUGS. All medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment, or prevention of disease and all substances and preparations other than food intended to affect the structure or any function of the body.
(5) HOSPICE CARE PROGRAM. A hospice care program licensed as a hospice care program under regulations of the State Board of Health.
(6) HOSPITAL. An institution licensed as a hospital under regulations of the State Board of Health.
(7) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words, “caution, federal law prohibits dispensing without prescription,” or similar wording indicating that such drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.
(8) NURSING FACILITY. An institution licensed as a nursing facility or intermediate care facility under regulations of the State Board of Health.
(9) SPECIALTY CARE ASSISTED LIVING FACILITY. An institution or facility licensed as a specialty care assisted living facility under regulations of the State Board of Health.
(Act 2002-498, p. 1288, §2.)
(a)(1) Legend drugs, except controlled substances, dispensed to a patient in a hospital, nursing facility, assisted living facility, or specialty care assisted living facility may be donated and transferred pursuant to this section to a charitable clinic to be used by charitable patients free of charge when all of the following conditions are met:
a. The drugs are no longer needed by the original patient.
b. The drugs have been maintained in accordance with United States Pharmacopoeia and National Formulary storage requirements.
c. The drugs were dispensed by unit dose or an individually sealed dose.
d. The drugs have not expired.
(2) Legend drugs, except controlled substances, dispensed to a patient cared for by a hospice care program may be donated and transferred pursuant to this section to a charitable clinic to be used by charitable patients free of charge when all of the following conditions are met:
a. The drugs are no longer needed by the original patient.
b. The drugs were dispensed by unit dose or bulk packaging.
c. The drugs have not expired.
(b) The physician or licensed health care professional of the charitable clinic shall be responsible for determining the suitability of the product for reuse. No product where integrity may not be assured shall be used by the physician at the charitable clinic. A legend drug shall be assigned the expiration date stated on the package.
(c) Pursuant to a voluntary agreement between a nursing home, hospital, specialty care assisted living facility, or hospice care program and a charitable clinic, legend drugs may be transferred pursuant to this chapter from the nursing home, hospital, assisted living facility, or specialty care assisted living facility or from the residence of a hospice patient to the charitable clinic if the following procedures are satisfied:
(1) The legend drugs shall be physically transferred to a person authorized in writing to pick up the drugs for the charitable clinic.
(2) The file of a patient at the nursing home, hospital, assisted living facility, or specialty care assisted living facility or the file of a patient cared for by a hospice care program shall document his or her consent, or in the case of the death of a patient the patient’s family’s consent, for the donation.
(3) The patient’s name, prescription number, and any other identifying marks shall be obliterated from the drug container prior to removal from the nursing home, hospital, assisted living facility, or specialty care assisted living facility or the residence of a hospice patient.
(4) The name, strength, and expiration date of the legend drug shall remain on the medication package label.
(5) An inventory list of the legend drugs shall accompany the drugs being transferred, which list, at a minimum, shall contain for each drug the medication name, strength, expiration date, and quantity.
(6) Within one week after an inventoried list of legend drugs is made available, the drugs shall be picked up by a charitable clinic or the drugs shall be destroyed.
(d) A licensed nursing home, hospital, specialty care assisted living facility, assisted living facility, or hospice care program, or an owner, operator, employee, or agent of a licensee, shall not be liable for civil damages or for any criminal liability as a result of any acts or omissions in transferring any drugs pursuant to this section unless the act or omission was the result of willful misconduct.
(e) No pharmaceutical manufacturer shall be liable for any claim or injury arising due to a transfer of any legend drug pursuant to this chapter, including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date regarding the transferred drug.
(f) The State Board of Health may make rules and regulations to carry out the provisions and purposes of this section.
(g) All legend drugs distributed under the authority of this chapter shall be dispensed to a patient, resident, or other user only on the order of a licensed physician or other legally authorized licensed medical practitioner.
(Act 2002-498, p. 1288, §3.)
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