David Bowman
New Member
Summary
To become a patient eligible for CBD oil therapy under SB 174, the patient must receive a diagnosis for a debilitating epileptic condition, which is defined as "Epilepsy or other neurological disorder, or the treatment of epilepsy or other neurological disorder that, as diagnosed by a board-certified neurologist under the employment or authority of the UAB Department, produces serious, debilitating, or life-threatening seizures." To be able to acquire CBD oil, Alabama patients must obtain a prescription from their UAB neurologist; however, physicians are barred from writing prescriptions for Schedule I substances.
What's Legal
The current Alabama law only authorizes an affirmative defense for the possession and use of CBD oil in limited circumstances. There is no legal access to cannabis in dried flower form, nor is there access to cannabis based products that contain more than 3% THC.
Eligible Conditions
Only seizure disorders that meet the following definition are eligible under Alabama law:
"Epilepsy or other neurological disorder, or the treatment of epilepsy or other neurological disorder that, as diagnosed by a board-certified neurologist under the employment or authority of the UAB Department, produces serious, debilitating, or life-threatening seizures."
Application Process
There is no formal application process to become a patient. The only way to gain legal access through SB 174 is by obtaining a "prescription" from a board-certified neurologist under the employment or authority of the UAB Department.
Doctor
Only board-certified neurologists under the employment or authority of the UAB Department may prescribe CBD oil under SB 174; however, physicians may not write prescriptions for CBD under federal law, therefore it remains unlikely that patients can get access to CBD oil in Alabama unless a enrolled in an FBA-approved Phase II or Phase III clinical trial.
Access/Caregivers
The affirmative defense for patients is also offered to the patient's "caretaker;" however, the law does not provide clear guidance on who qualifies to be a "caretaker." Presumably this protection would extend to family members or other individuals assisting the patient with the medical therapy, but caregivers should be advised that the law is vague.
Consumption
There are no restrictions on consumption of CBD oil.
Age Limits
There are no age restrictions under SB 174.
Confidentiality
The are no explicit privacy protections, but HIPPA protections offered to all medical patients also apply to medical cannabis therapy under SB 174.
Housing
There are no housing protections provided by SB 174.
Employment
There are no employment protections under
Insurance
The law is silent on whether insurance can cover CBD oil.
Out of State Patients
The law only recognizing patients who have been prescribed CBD oil from board-certified neurologist under the employment or authority of the UAB Department. However, the law does not specify that the patient must be a resident of Alabama.
Source: ASA: Becoming a Patient in Alabama
To become a patient eligible for CBD oil therapy under SB 174, the patient must receive a diagnosis for a debilitating epileptic condition, which is defined as "Epilepsy or other neurological disorder, or the treatment of epilepsy or other neurological disorder that, as diagnosed by a board-certified neurologist under the employment or authority of the UAB Department, produces serious, debilitating, or life-threatening seizures." To be able to acquire CBD oil, Alabama patients must obtain a prescription from their UAB neurologist; however, physicians are barred from writing prescriptions for Schedule I substances.
What's Legal
The current Alabama law only authorizes an affirmative defense for the possession and use of CBD oil in limited circumstances. There is no legal access to cannabis in dried flower form, nor is there access to cannabis based products that contain more than 3% THC.
Eligible Conditions
Only seizure disorders that meet the following definition are eligible under Alabama law:
"Epilepsy or other neurological disorder, or the treatment of epilepsy or other neurological disorder that, as diagnosed by a board-certified neurologist under the employment or authority of the UAB Department, produces serious, debilitating, or life-threatening seizures."
Application Process
There is no formal application process to become a patient. The only way to gain legal access through SB 174 is by obtaining a "prescription" from a board-certified neurologist under the employment or authority of the UAB Department.
Doctor
Only board-certified neurologists under the employment or authority of the UAB Department may prescribe CBD oil under SB 174; however, physicians may not write prescriptions for CBD under federal law, therefore it remains unlikely that patients can get access to CBD oil in Alabama unless a enrolled in an FBA-approved Phase II or Phase III clinical trial.
Access/Caregivers
The affirmative defense for patients is also offered to the patient's "caretaker;" however, the law does not provide clear guidance on who qualifies to be a "caretaker." Presumably this protection would extend to family members or other individuals assisting the patient with the medical therapy, but caregivers should be advised that the law is vague.
Consumption
There are no restrictions on consumption of CBD oil.
Age Limits
There are no age restrictions under SB 174.
Confidentiality
The are no explicit privacy protections, but HIPPA protections offered to all medical patients also apply to medical cannabis therapy under SB 174.
Housing
There are no housing protections provided by SB 174.
Employment
There are no employment protections under
Insurance
The law is silent on whether insurance can cover CBD oil.
Out of State Patients
The law only recognizing patients who have been prescribed CBD oil from board-certified neurologist under the employment or authority of the UAB Department. However, the law does not specify that the patient must be a resident of Alabama.
Source: ASA: Becoming a Patient in Alabama
