Ala. Admin. Code r. 538-X-2-.11

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

Section 538-X-2-.11 - Sanctions

(1) The Commission, after notice and hearing in accordance with the Act and these Rules, may impose any one or more of the following sanctions on a patient or caregiver if the Commission finds the individual engaged in any of the conduct set forth in paragraph 2. of this rule:

(a) Revoke, suspend, restrict, limit, or refuse to grant or renew the patient's or caregiver's medical cannabis card;

(b) Place the patient or caregiver on probation for a period not longer than one year; or

(c) Issue a written reprimand to the patient or caregiver and include a notation of the reprimand in the patient registry.

(2) The Commission may impose the sanctions listed in paragraph 1. of this rule if the Commission finds:

(a) The prospective patient or caregiver fails to meet the requirements set forth in the Act and this Chapter;

(b) Any information provided to the Commission by the patient or caregiver was false or misleading;

(c) The prospective patient's or caregiver's registration submission is, or at any time has been, revoked, suspended, or denied by another jurisdiction;

(d) The applicant is a prospective caregiver who has attempted to or did serve as a caregiver for an impermissible number of patients;

(e) The caregiver's patient had their patient registration suspended, revoked, or inactivated and the caregiver failed to voluntarily relinquish their caregiver registration;

(f) The prospective caregiver attempted to register to serve as a caregiver for a patient whose medical cannabis card or registration has been denied or suspended, either in Alabama or under the laws of another jurisdiction;

(g) The patient (1) obtained more than the legally permissible supply of medical cannabis during a 60-day period or (2) possessed more than 70 days' supply of medical cannabis at any one time. A legally permissible supply includes the aggregate amount of medical cannabis obtained by all the patient's caregivers;

(h) The caregiver obtained more than the legally permissible supply of cannabis in a 60- day period on behalf of a single patient;

(i) The patient is no longer diagnosed with a qualifying condition and the patient or caregiver has failed to voluntarily relinquish the patient's registration and return the medical cannabis card or obtain another diagnosis and provide proper documentation as required by the Act and this Chapter;

(j) The patient or caregiver failed to report any changes in any information related to the patient or caregiver, other than a change in medical condition, required under the Act and this Chapter within 72 hours of learning of such change;

(k) The patient or caregiver failed to report actual knowledge of any act or omission by any individual or entity whereby cannabis or medical cannabis was being illegally diverted in violation of the Act or these Rules;

(l) The patient or caregiver used or maintained medical cannabis in a manner that puts others at risk or failed to take reasonable precautions to avoid putting others at risk;

(m) The patient or caregiver sold, gave, dispensed or administered a patient's medical cannabis to any other person (i.e., diverted cannabis), including other patients or caregivers);

(n) The patient or caregiver allowed another person to use the patient's or caregiver's medical cannabis card;

(o) The patient's or caregiver's medical cannabis card or registration was fraudulently used or improperly accessed by a person without authorization and the patient or caregiver failed to notify the Commission within 72 hours of learning that the card or registry was accessed without authorization;

(p) The patient consumed medical cannabis using a method of administration that is not permitted by the Act or this Chapter;

(q) A caregiver administered medical cannabis to a patient using a method of administration that is not permitted under the Act or this Chapter.

(r) The patient consumed, or the caregiver allowed medical cannabis to be consumed, in a place where consumption is prohibited by the Act or this Chapter;

(s) The patient or caregiver tampered with, falsified, altered, modified or allowed another person to tamper with, falsify, alter or modify, a patient's or caregiver's medical cannabis card;

(t) The patient operated a motor vehicle, watercraft, heavy machinery, or aircraft under the influence of medical cannabis;

(u) The patient or caregiver attempted to or did grow or cultivate, process, or transport cannabis contrary to the Act, these Rules and/or other Alabama law (i.e., illicit cannabis);

(v) The patient or caregiver knowingly misrepresented any fact or circumstance related to the medical use of cannabis to the Commission, law enforcement, licensed certifying physician, or a dispensary employee.

Ala. Admin. Code r. 538-X-2-.11

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.