Alabama Governor Hopes To Sign Medical Marijuana Bill After Reviewing Its Provisions

Alabama’s governor said on Friday that she hopes to sign a medical marijuana bill that lawmakers sent to her desk this week, but only after she takes a close look at its provisions.

“I hope, after thoroughly reviewing it, we can sign the bill,” Gov. Kay Ivey (R) told WSFA-TV, adding that she’s aware of cannabis’s medical benefits but also has some concerns.

“It helps some people, but you just don’t want it to get out of control,” she said.

#NEW@GovernorKayIvey tells me she hopes to sign the medical marijuana bill after thoroughly reviewing it. #alpolitics

— Lydia Nusbaum (@LydiaNusbaum) May 7, 2021

The governor has expressed openness to past medical cannabis proposals, but earlier on Friday, a spokesperson for her office declined to say what action she would take on this latest bill.

“As with any piece of legislation that reaches the governor’s desk, we look forward to thoroughly reviewing it,” the spokesperson wrote in an email to Marijuana Moment. “We appreciate the debate from the Legislature on the topic. This is certainly an emotional issue. We are sensitive to that and will give it the diligence it deserves.”

While the measure was approved with a two-to-one margin in both the House and Senate, some Republican lawmakers vigorously opposed its passage, staging a lengthy filibuster earlier this week that delayed the final votes.

The legislation hasn’t been formally transmitted to Ivey’s desk yet. But when it is, the state Constitution sets a tight deadline for gubernatorial action. While the legislature is in session, the governor has six days from the time she gets the bill to either approve, veto or take no action and let it go into law without her signature.

She could also propose line-item amendments and send it back to lawmakers, who could then approve or reject them.

While Ivey hasn’t been especially vocal about the issue, she was asked about a prior medical cannabis legalization bill in 2019 and said, “I’m still trying to get the details, but if it’s tightly controlled and limited to just those illnesses as verified by medical professionals, it’d be worth considering.”

If it’s a limited, regulated medical marijuana program that the governor wants, it stands to reason that the legislation heading to her desk will meet that standard. But in light of that earlier comment, it’s seems possible that any line-item amendments proposed by the governor could target the list of qualifying conditions.

—Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Under the legislation, patients would have to be diagnosed with one of about 20 conditions, including anxiety, depression, sleep disorders, post-traumatic stress disorder and intractable pain. Regulators would not be able to independently add additional conditions, leaving that decision up to lawmakers in future sessions.

The bill also prohibits raw cannabis, smoking, vaping and candy or baked good products. Patients would instead be allowed to purchase capsules, lozenges, oils, suppositories and topical patches.

For physicians to be able to recommend cannabis to patients, they would have to complete a four-hour continuing education course and pass an exam. The course would cost upwards of $500 and doctors would also be required to take refresher classes every two years.

For his part, Lt. Gov. Will Ainsworth (R) recently called on lawmakers to send the bill to Ivey ahead of their final votes.

“I support legalizing medical marijuana to help those with cancer and other serious medical issues ease their pain,” he posted on Twitter. “The majority of the medical community agrees. The Alabama House should pass this important bill before the session ends.”

I support legalizing medical marijuana to help those with cancer and other serious medical issues ease their pain. The majority of the medical community agrees. The Alabama House should pass this important bill before the session ends. https://t.co/LRjOK6ji3d

— Will Ainsworth (@willainsworthAL) May 1, 2021

Ivey did sign a bill in 2019 that established a medical cannabis study commission. That piece of legislation was originally a medical marijuana legalization bill that cleared the Senate but then was gutted in the House.

Another bill was sent to the governor’s desk late last month that would expand expungement eligibility for certain convictions, including misdemeanor marijuana possession.

Thanks to @SenLindaColeman, @RepEngland70, the JeffCo delegation, and all others that got SB117 to @GovernorKayIvey's desk.

SB117 makes Class A misdemeanors like the unlawful possession of marijuana convictions I pardoned this week expungeable.

Now, it needs a signature.

— Randall Woodfin (@randallwoodfin) April 22, 2021

Ivey has not yet commented on her plan for that measure.

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Alabama Senate Approves Bill To Legalize Medical Marijuana

The Alabama Senate approved a bill to legalize medical marijuana on Thursday.

In a 17 to 6 vote, the chamber cleared the legislation, which would allow patients 19 and older with certain conditions to obtain a medical cannabis card that would allow them to use, possess and purchase marijuana from licensed dispensaries.

It would also establish an Alabama Medical Cannabis Commission to oversee the program. Patients would have to have tried traditional treatment options and also be subject to random drug testing.

The conditions that would qualify patients for the program under the legislation include cancer, autism, epilepsy, multiple sclerosis, post-traumatic stress disorder, anxiety, depression and all terminal conditions.

Alabama Senate passes the medical marijuana bill by a vote of 17-6. Bill moves to the House. #alpolitics

— Mike Cason (@MikeCasonAL) May 9, 2019

The Senate Judiciary Committee passed the bill in a 6-2 vote last month.

The legislation cleared an initial procedural motion on the floor on Wednesday with a 21 to 3 vote.

With the favorable vote, the bill now heads to the House. While it could have gone before the chamber’s Judiciary Committee for consideration, Speaker Mac McMcCutcheon (R) said on Thursday evening that it would instead be sent to the Health Committee, where it will likely face more favorable odds.

House Speaker Mac McMcCutcheon just held his weekly gaggle. Good news for the medical marijuana bill: It will go to the House Health Committee. It could have gone to House Judiciary, where it almost certainly would have been in trouble. #alpolitics

— Brian Lyman (@lyman_brian) May 9, 2019

“There is a time I never would have carried this bill a year ago, two years ago,” Sen. Tim Melson (R), the bill’s sponsor, said during the floor debate on Wednesday. “I finally looked up the facts instead of stereotyping what medical cannabis is.”

Melson, the medical marijuana sponsor, starts off: "There is a time I never would have carried this bill a year ago, two years ago. … I finally looked up the facts instead of stereotyping what medical cannabis is." #alpoitics

— Brian Lyman (@lyman_brian) May 8, 2019

The senator also argued that legalizing marijuana for medical purposes could mitigate opioid prescriptions in the state.

Beyond legalizing medical cannabis, the bill would also extend two existing state laws set to expire. One allows for the University of Alabama to conduct studies on the use of CBD and the other “provides a defense against unlawful possession” of CBD for qualifying patients.

Tax revenue from medical cannabis sales would be used to implement the program and then, if the system is adequately funded, revenue would go toward the state’s general fund.

While medical cannabis advanced, lawmakers in the House Judiciary Committee narrowly rejected a bill on Wednesday that would have made low-level possession of marijuana a violation punishable by a fine and no jail time.

That modest decriminalization proposal might have failed, but it’s possible that the chamber will be more inclined to embrace a patient-focused marijuana measure. Melson made clear during the floor debate that he has “no desire” to legalize for adult use if medical cannabis passes.

Stutts asking how many states have legalized recreational marijuana. Melson: "I have no desire to go down that road." #alpolitics

— Brian Lyman (@lyman_brian) May 8, 2019

The Senate Judiciary Committee unanimously approved a similar cannabis decriminalization bill last month.

The South, long considered a cannabis dead zone, has become increasingly supportive of amending marijuana laws.

The Texas House recently approved bills to decriminalize marijuana and expand the state’s limited medical cannabis program. The governor of Georgia signed legislation expanding the state’s medical cannabis program earlier in April. And a Kentucky House committee approved medical marijuana legalization in March, for example.

Texas House Votes To Expand State’s Medical Marijuana Program

This story was updated to add information about the House committee the legislation will be referred to.

Photo courtesy of Mike Latimer.

Alabama Lawmakers Approve Medical Marijuana Bill

An Alabama Senate committee approved a bill to legalize medical marijuana on Wednesday, the second major victory for cannabis reform supporters in the state within the span of a week.

The legislation would allow patients 19 and older who are suffering from one of 33 conditions to qualify for medical marijuana and obtain it at licensed dispensaries. It would also establish a commission responsible for licensing cultivators, distributors and retailers and also approving medical cannabis cards for patients.

Conditions that qualify patients for legal marijuana access include addiction, epilepsy, chronic pain, cancer and depression.

The Senate Judiciary Committee passed the bill in a 6-2 vote, with three abstentions. It will now head to the full Senate.

“We’re encouraged to see a compassionate medical cannabis bill advancing in Alabama,” Karen O’Keefe, director of state policies at the Marijuana Policy Project, told Marijuana Moment. “Passing medical cannabis laws should be a no-brainer for elected officials.”

“We’ve had 20 plus years to see that the laws alleviate suffering and are not causing problems. And there is perhaps no political issue that enjoys such strong popular support,” she said.

Prior to the vote, committee members heard testimony from supporters and opponents, with doctors, advocates and law enforcement weighing in on the legislation.

Dr. Jerzy Szaflaski, who has worked on the UAB study of CBD oil, is speaking on behalf of the medical marijuana bill. Saying studies are showing the medical value of cannabis for certain conditions. #alpolitics

— Brian Lyman (@lyman_brian) April 24, 2019

Commander Clay Hammac is here from Shelby County Sheriff’s office. He is against the medical marijuana bill: “This is the first step into recreational use… I’m afraid there will be consequences months and years after this.” pic.twitter.com/MVaIJDjc73

— Lauren Walsh (@LaurenWalshTV) April 24, 2019

“We need to realize tobacco is four times more addictive than cannabis,” Jerzy Szaflaski, a researcher who has studied CBD oil, said. “Alcohol is two times more addictive than cannabis. They’re both legalized and regulated.”

Sen. Tim Melson (R), chief sponsor of the legislation, offered a substitute amendment that was approved. The amendment would require patients to get a second opinion from a separate doctor before qualifying for cannabis. The senator said the purpose of the amendment was to prevent certain physicians from becoming “go-to” medical marijuana providers.

Major change in the bill (thus far) seems to be a requirement for a second opinion to obtain a medical marijuana prescription. Melson says the idea is to prevent a single physician becoming a go-to for marijuana. #alpolitics

— Brian Lyman (@lyman_brian) April 24, 2019

The votes comes one week after the same committee unanimously approved a bill to decriminalize marijuana, making possession of one ounce or less of cannabis punishable by a $250 fine with no jail time.

While many legalization supporters are watching for news from the northeast as states like New York and New Jersey struggle to get adult-use bills approved, there’s plenty of action in the south.

Georgia’s governor signed legislation expanding the state’s medical cannabis program earlier this month. In Kentucky, a House committee also approved medical cannabis legalization last month. A Texas House committee approved a decriminalization bill, which is scheduled for a full floor vote on Thursday. The Texas House also voted in favor of legalizing industrial hemp on Tuesday.

Alabama Lawmakers Unanimously Approve Marijuana Decriminalization In Committee Vote