§ 20-2A-52 — Oversight of Medical Cannabis Facility Operations; Inspections and Audits of Licensees; Criminal Background Checks

Alabama § 20-2A-52

• Jurisdiction: Alabama
• Title 20: Food, Drugs and Cosmetics
• Ch. 2A: Darren Wesley “Ato” Hall Compassion Act
• Art. 4: Cultivation, Processing, and Dispensing of Medical Cannabis

Text

(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.

Legislative History

(Act 2021-450, §1; Act 2024-342, §1.)