Ala. Admin. Code r. 538-X-2-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-2-.08 - Restrictions On Patients And Caregivers

(1) Patient and caregiver registrations are non-transferrable.

(2) Patients and caregivers shall not engage in the cultivation of medical cannabis or the manufacture of medical cannabis extract. Registration as a patient or caregiver is not a license under the Act or this Chapter to cultivate, produce, transport, or dispense medical cannabis.

(3) No patient or caregiver shall provide or accept samples of medical cannabis.

(4) Patients and caregivers shall purchase medical cannabis only from a certified medical cannabis dispensing site operated by a dispensary or integrated facility licensed by the Commission.

(5) Patients and caregivers shall store medical cannabis in a secure location so as to prevent theft, loss, or access by persons not authorized under the Act and this Chapter.

(6) Patients and caregivers shall carry their medical cannabis cards with them whenever they are in possession of medical cannabis. No more than a 70-day supply of medical cannabis, as then recommended by the patient's registered certifying physician, may be possessed by or on behalf of a single patient at any time.

(7) Medical cannabis shall be maintained in one of the following containers at all times until administered to, or by, a patient:

(a) The original dispensing package with an unaltered dispensary label in accordance with the Act and these Rules; or

(b) A container for storing medical cannabis provided by a dispensary or integrated facility in accordance with the Act and these Rules.

(8) Medical cannabis shall not be possessed or administered on federal property or in federal buildings.

(9) Medical cannabis shall not be possessed or administered at state or federal correctional detention facilities, including but not limited to prisons and juvenile detention centers.

(10) Medical cannabis shall not be possessed or administered in any public or private place where medical cannabis is prohibited.

(11) Medical cannabis shall not be administered or possessed outside of its packaging on the premises of a dispensing site or any other licensed facility under the Act or these Rules.

(12) No patient shall operate a motor vehicle, watercraft, heavy machinery, or aircraft while under the influence of medical cannabis.

(13) A caregiver may receive compensation for services provided as a caregiver in addition to reimbursement for reasonable expenses incurred in the provision of services as a caregiver.

(14) The Commission shall notify patients and caregivers upon the expiration of the patient's or caregiver's registration, or if the patient's registration is suspended or revoked. In such event, patients, caregivers and, in the event of death, personal representatives of patients and caregivers, shall dispose of all medical cannabis within seven calendar days after the patient's death or expiration of their registration. Acceptable methods for the disposal of medical cannabis shall be available at the Commission's website.

(15) An Alabama Medical Cannabis Card is valid only within the State of Alabama and may only be issued to and used by Alabama Residents as defined in these Rules.

(16) Alabama Medical Cannabis Cards may not be obtained or used by non-residents, even though the non-resident is present in Alabama or is eligible to receive cannabis in any form for any reason under the laws of another jurisdiction.

Ala. Admin. Code r. 538-X-2-.08

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.