§ 20-2A-7 — Possession of Marijuana by Registered Qualified Patient; Liability of Registered Certifying Physician; Arrest or Prosecution for Conduct Pursuant to Chapter; Violations of Criminal Law

(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.

Legislative History

(Act 2021-450, §1.)