Ala. Admin. Code r. 538-X-2-.07
Current through Register Vol. 43, No. 02, November 27, 2024
Section 538-X-2-.07 - Purchase Of Medical Cannabis By Patients And Caregivers(1) A patient or caregiver may only purchase medical cannabis pursuant to a valid and active medical cannabis card, which may be tangible or virtual, demonstrating certification by a registered certifying physician pursuant to the Act and this Chapter.(2) Patients under 19 years of age shall be issued a medical cannabis card identifying them as a minor, and such patients are prohibited from purchasing medical cannabis except through a caregiver.(3) Requiring patients and caregivers to possess a medical cannabis card lawfully obtained pursuant to the Act and this Chapter does not infringe on the cardholder's state or federal constitutional rights.(§ 20-2A-11, Code of Ala. 1975, (as amended)).(4) Upon entry into a dispensing site and before purchasing medical cannabis, patients and caregivers must provide their medical cannabis card; at the discretion of the dispensary or integrated facility operating the dispensing site, patients and caregivers also may be asked to provide additional photo or other approved identification, including an unexpired Alabama driver's license, an unexpired Alabama identification card issued by ALEA; passport; or any other identification proving identity as approved by the Commission.(5) Any persons, including children or guests of patients or caregivers, who are unable to provide a medical cannabis card matching a valid patient registry profile, or who are unable to provide, upon request, additional identification to the satisfaction of dispensing site personnel, are prohibited from entering the dispensing site. This rule does not apply to employees, representatives of other licensees, Commission members or personnel or inspectors, third parties visiting the dispensing site at the request of the Commission or the licensee, or who are entering the facility for the purpose of performing repairs or maintenance at the dispensing site.(6) The identification number on the medical cannabis card provided to a dispensary employee must be identical to the identification number included in the patient or caregiver's profile in the patient registry.(7) Before purchasing medical cannabis, patients and caregivers must provide the dispensing employee their medical cannabis card; at the discretion of the dispensing site, they also may be asked to provide additional identification as described in paragraph 4. of this rule.(8) A registered certifying physician does not prescribe medical cannabis but merely sets a recommended form of intake (i.e., oral tablet, capsule, tincture, inhaler, lotion, etc.) and THC content, up to a maximum daily dosage of medical cannabis for the patient based on the patient's diagnosis, qualifying medical condition, age, size, and other individual factors. Such determinations as to form and THC content to be recommended shall be exclusively the province of the registered certifying physician, up to the maximum daily dosage allowed by law, as described in paragraph 9 of this rule.(§ 20-2A-33(f)(1), Code of Ala. 1975, (as amended)).(9) Dosages of medical cannabis purchased by a patient or caregiver shall be limited to the lower of the maximum daily dosage recommended for the patient by the licensed certifying physician, or the maximum daily dosage permitted by law under the Act and this Chapter: (a) As to all patients, regardless of the form of administration or the patient's condition or individual factors, the initial maximum daily dosage recommended by the registered certifying physician may be lower than, but shall not exceed, 50 mg of delta-9 THC.(b) A registered certifying physician who initially sets the maximum daily dosage at a level lower than 50 mg of delta-9 THC may increase the maximum daily dosage, to an amount less than or equal to 50 mg delta-9 THC, subject to subparagraph c., at any time upon review with the patient during a follow-up visit.(c) If 90 days have passed during which the patient has been unsuccessfully treating with medical cannabis while under the registered certifying physician's care, and the registered certifying physician determines that a higher dosage of medical cannabis, up to 75 mg of delta-9 THC is medically appropriate, a registered certifying physician may increase the maximum daily dosage beyond 50 mg of delta-9 THC, but not to exceed 75 mg of delta-9 THC. (§ 20-2A-33(f)(2) a., Code of Ala. 1975, (as amended)).(d) A registered certifying physician may increase the maximum daily dosage beyond 75 mg of delta-9 THC at any time the patient has been diagnosed with a terminal illness, but only after the registered certifying physician notifies the patient that the patient's driver's license will be suspended. (§ 20-2A-33(f)(2) b., Code of Ala. 1975, (as amended)).(e) A registered certifying physician may not lawfully recommend the use of medical cannabis with a potency greater than three percent (3%) tetrahydrocannabinol to any minor for any qualifying medical condition. A minor may not legally use medical cannabis with a potency greater than three percent (3%) tetrahydrocannabinol, whether or not the minor has a valid medical cannabis card. The caregiver of a minor who holds a medical cannabis card may not legally possess medical cannabis with a potency greater than three percent {3%) tetrahydrocannabinol, unless the caregiver holds a medical cannabis card based on their own qualifying medical condition or holds a caregiver medical cannabis card on behalf of a patient who is not a minor.(10) Notwithstanding the foregoing, the number of daily doses of medical cannabis that may be purchased by a patient or caregiver at one time shall be limited to the lesser of:(b) the number of doses equal to the number of days since the patient's or caregiver's last purchase of medical cannabis; or(c) as recommended by the registered certifying physician.Ala. Admin. Code r. 538-X-2-.07
Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.Author: William H. Webster
Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.