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Is CBD Oil Legal in Alabama?

Is CBD Oil Legal in Alabama?

In the U.S. state of Alabama, CBD law seems to be pretty simple. If you're suffering from a debilitating, serious health condition, have a prescription from a physician, and get your CBD from a physician, you will not be prosecuted for possession of marijuana.

Cannabidiol, or CBD, is a compound of marijuana. Medicinal marijuana is still prohibited in Alabama.

At this point, the Alabama law doesn't allow for the cultivation, production, and selling of CBD products. Yet how would you know if yours is an effective and safe CBD product to use?

Read on to learn the answers, but first, let's look at exactly what the law says about CBD oil in the Heart of Dixie.

The Alabama law doesn't allow for the cultivation, production, and selling of CBD products.

RELATED: Is CBD Hemp Oil Legal in All 50 States?

A Bit of History on Alabama, CBD, And the Law

In 2014, SB174, also called "Carly's Law," was passed into law, and it allowed for the possession and use of CBD products if you suffered from a serious, debilitating epileptic condition. Parents of minor users and patient caretakers were also allowed to possess CBD with tetrahydrocannabinol (THC) content no more than three percent.

THC is another cannabinoid with many proven health benefits, but it also has a bad-boy reputation. It is, in fact, causing the slightly notorious high the cannabis plant is known for. At three percent, however, THC does not have any psychoactive effect, and you will not get high from it. CBD and THC work in tandem and have many healthful properties.

However, in Alabama, CBD law and regulations were particularly stringent. Carly's Law also required patients to get a prescription for CBD authorized by the Department of Neurology at the University of Alabama, Birmingham. In addition, they needed to register to become part of the University's CBD study program. [1]

In 2016, this law was amended to become Leni's Law.

Act 2016-268, according to Alabama Legislative Services Agency, "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: (1) because he or she has a debilitating medical condition; or (2) 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." [2]

In Alabama, CBD law required patients to get a prescription for CBD authorized by the Department of Neurology at the University of Alabama, Birmingham.

Details of The Amended Act

So, Carly's Law expanded and you can now possess and use CBD products with impunity for any serious health condition. The bill defines this as any one or more of the following:

  • Cachexia or wasting syndrome
  • Severe or chronic pain
  • Severe nausea
  • Seizures
  • Severe and persistent muscle spasms
  • Any other condition that is severe and resistant to conventional medicine

As mentioned, your personal physician needs to prescribe the CBD, and it also needs to be provided to you by a physician.

So, compared to a number of other states' legislation, Alabama CBD law is not that restrictive. According to these official sources, Leni's Law appears to be lenient in terms of the health condition you wish to use it for, as long as it is:

  • serious and chronic
  • diagnosed by a doctor with whom you have a bona fide relationship
  • likely to respond to CBD treatment

Parents and caregivers of minors are also protected by Leni's Law, but not caretakers of patients. This protection was deleted under the new law's amendments.

While still not ideal, it goes a long way to making CBD available to people who need it the most.

Consumption, Age Limits, And Other Restrictions

At this point, there is no limit or restriction on how much CBD can be consumed. Neither is there an age limit, and you also don't have to be a resident of Alabama to be protected by Leni's Law.

However, the act doesn't have any housing or employment protection. [3]

What Can CBD Be Used for And Is It Safe?

Research so far indicates that CBD can be used for a large number of health conditions. You can consider it for the therapeutic use of any of the following if, according to Alabama CBD law, it is chronic and debilitating:

  • All forms of epilepsy, including Dravet and Lennox-Gastaut syndromes
  • Alzheimer's disease
  • Parkinson's disease
  • Multiple sclerosis
  • Huntington's disease
  • Hypoxia-ischemia injury
  • Psychosis
  • Pain
  • Anxiety and Depression
  • Cancer
  • Nausea
  • Inflammatory diseases, including bowel and Crohn's disease
  • Rheumatoid arthritis
  • Infection
  • Cardiovascular diseases
  • Diabetic complications [4]

RELATED: How Safe Is Cannabidiol?

The safety of CBD is well documented. In a recent literature survey, the reviewers focused on clinical studies and CBD's potential to interact with other pharmaceuticals. They concluded:

"In general, the often described favorable safety profile of CBD in humans was confirmed and extended by the reviewed research."

However, the authors also point out that "some important toxicological parameters are yet to be studied, for example, if CBD has an effect on hormones. Additionally, more clinical trials with a greater number of participants and longer chronic CBD administration are still lacking." [5]

What to Look Out for In Your CBD Product

Under certain conditions, CBD use and possession is legal in most states of the U.S. and is easily obtainable from a large number of vendors. In Alabama, you need to obtain yours from a physician, but no regulatory processes are in place yet to ensure good quality and product safety. How will you know yours is a good CBD?

Here are a few important pointers to look out for:

  • Make sure the CBD used in the product is hemp-derived and from an organic crop.
  • The product must be laboratory tested, with results clearly stated on the product label.
  • Was a non-heat extraction process used? The CO2 extraction method is an example of a good one, as it ensures that all the healthful cannabis compounds remain intact.
  • Avoid CBD isolates, as research has shown that a mix of cannabis compounds is the most effective.

RELATED: How To Choose A High-Quality CBD Oil

So, the answer to "Is CBD oil legal in Alabama?" is not a such a difficult one, as the law is pretty simple. The legislation is not clear on many details and lacks regulatory processes, but for now, that's definitely better than nothing.

Sources:

  1. https://american-safe-access.s3.amazonaws.com/documents/Alabama_SB174_2014_Enrolled.pdf
  2. http://lrs.state.al.us/publications/2016_regular_summaries.html#268
  3. https://legiscan.com/AL/text/HB61/id/1320785/Alabama-2016-HB61-Introduced.pdf
  4. http://www.who.int/medicines/access/controlled-substances/5.2_CBD.pdf
  5. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5569602/

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