Legal Standing of Cannabis for Alabama

Alabama Marijuana / Cannabis Medical Use Law: Illegal

  • The use of medical marijuana is illegal in Alabama. However, the use of cannabidiol (CBD) oil is authorized.

Alabama Recreational Marijuana / Cannabis Recreational Use Law: Illegal

  • The use of recreational marijuana is illegal in Alabama.

Medical Marijuana In Alabama

In April 2014, Carly’s Law was signed which permits the University of Alabama at Birmingham to provide non-psychoactive CBD oil to children with debilitating seizures as a clinical study. The bill did not include any wider legalization of CBD oil or cannabis.

Act 2014-277, SB174, is Carly’s Law. The act creates a defense of necessity in the prosecution for the unlawful possession of marijuana when the defendant has a debilitating epileptic condition and possesses cannabidiol (CBD) pursuant to an authorized prescription. The act also creates a defense of necessity in a prosecution of possession of marijuana when a parent or caretaker possesses CBD on behalf of an individual with an authorized prescription for the medication due to a debilitating epileptic condition and where the parent or caretaker’s possession of the CBD is for the prescribed person’s use only. The act provides the Department of Neurology at the University of Alabama at Birmingham with the exclusive right to prescribe CBD for the treatment of individuals diagnosed with debilitating epileptic conditions and requires the Department of Neurology to establish a research and development study to determine medical uses and benefits of CBD for individuals with the condition. The act terminates in five years.

EFFECTIVE DATE: July 1, 2014.

In 2016 Leni’s law was passed.

Act 2016-268, HB61, is Leni’s Law. The act establishes an affirmative and complete defense to prosecution for the unlawful possession of marijuana in the second degree if the defendant used or possessed cannabidiol (CBD), as defined by the act:

  • because he or she has a debilitating medical condition; or
  • he or she is the parent or legal guardian of a minor who has a debilitating medical condition, and the CBD is being used by the minor.

The act also prohibits the state or a political subdivision of the state, including a law enforcement agency, from removing a child from a home and initiating child protection action proceedings based solely upon the parent’s or the child’s use of CBD as authorized under the act.

EFFECTIVE DATE: June 1, 2016.