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Alabama Attorney General Continues to Declare CBD Illegal

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Epidiolex, a synthetic CBD pharmaceutical drug, is now federally legal for doctors to prescribe. Alabama Attorney General Steve Marshall says all other CBD products are still illegal and plans to release guidelines to clarify Alabama’s CBD law.

The guidelines will clearly state that CBD is illegal for sales at convenience stores, gas stations and by private individuals, reports WRBL 3 News. Using and possessing anything containing CBD, except for Epidiolex, has been declared illegal – along with sales and distribution of CBD. The Attorney General has questions about the legality of CBD, despite its recent rescheduling by the DEA to Schedule V.

Marshall partnered with the Alabama Law Enforcement Agency, the Office of Prosecution Services and Alabama Department of Forensic Sciences to compose the guidelines regarding CBD based on the existing laws in the state. Affirmative defense will remain valid for those that fall within the guidelines of Carly’s Law and Leni’s Law.

The guidelines state, regarding these two laws, that, “The affirmative defenses found in Carly’s Law and Leni’s Law can only be raised by individuals prosecuted for unlawful possession of marijuana. In other words, Carly’s Law and Leni’s Law offer no “safe harbor,” even to the narrow class of individuals covered, for selling or distributing marijuana, or trafficking in marijuana. This is a conclusion of law based on a plain reading of the statute, regardless of what the Alabama Legislature may have intended.”

The lawmakers also forwarded a portion of the Criminal Code with the guidelines.

The included Criminal Code Sections are:

  • Section 13A-12-212 of the Alabama Criminal Code makes it illegal to possess or receive a controlled (regulated) substance, while Sections 13A-12-213 to 214 specifically address the possession of marijuana-punishable by a Class A misdemeanor when possessed for personal use or by a Class C felony when possessed for reasons other than personal use.
  • Section 13A-12-211 of the Alabama Criminal Code makes it illegal to sell, furnish, give away, deliver, or distribute a controlled substance, including marijuana. A violation of this section is punishable by a Class B felony. Section 13A-12-231 of the Alabama Criminal Code makes it illegal to “traffic”-sell, manufacture, deliver or bring into the state any part of cannabis (marijuana) plant in an amount greater than 2.2 pounds. This crime carries mandatory prison time that increases with the weight of the marijuana in question.

The release is including CBD in the explanation where marijuana or cannabis is used.

The guideline release also stated, “As the law enforcement agencies of the State of Alabama and its subdivisions, it is our responsibility to interpret and enforce the law as written by the Alabama Legislature. This public notice does not address federal law pertaining to CBD, which is enforced by federal law enforcement agencies. If you have questions about this guidance or its application to your situation, please contact your local district attorney’s office.”

The release also said, “To be clear, all CBD- whether above or below 3% THC-is illegal under Alabama law, except for the prescription drug Epidiolex. The affirmative defense provided to a narrow class of individuals under Carly’s Law and Leni’s Law is available when the THC level is below 3% relative to CBD, but unavailable if the CBD in question has a THC level above 3% relative to CBD.”