Professional Documents
Culture Documents
On
May
4,
2016,
Alabama
Gov.
Robert
Bentley
signed
into
law
HB
61,
known
as
Lenis
Law.
This
measure
expands
upon
a
2014
cannabis-oil
bill
Carlys
Law
by
providing
an
affirmative
defense
to
patients
(and
their
parents
or
caretakers)
who
suffer
from
debilitating
seizure
conditions
for
the
use
and
possession
of
marijuana
extracts
that
contain
less
than
three
percent
THC.
Because
this
law
(1)
only
provides
an
affirmative
defense,
(2)
offers
no
realistic
source
for
the
extracts,
and
(3)
only
applies
to
a
tiny
fraction
of
the
patients
who
could
benefit
from
medical
cannabis,
MPP
does
not
consider
Alabama
a
medical
marijuana
state.
What
is
an
affirmative
defense?
An
affirmative
defense
does
not
protect
someone
from
arrest,
jail,
or
trial
for
the
use
and
possession
of
medical
marijuana,
including
cannabidiol
(CBD).
The
defense
acts
like
a
shield
from
conviction
if
the
person
can
prove
use
of
the
oil
was
pursuant
to
Lenis
Law.
One
can
liken
this
to
the
more
commonly
heard
affirmative
defenses
of
self
defense.
If
a
defendant
proves
an
affirmative
defense
in
court,
he
or
she
is
not
guilty
of
a
crime.
In
this
case,
the
defense
is
that
the
defendant
has
a
debilitating
seizure
condition
and
used
and
possessed
the
CBD
pursuant
to
Lenis
Law.
What
must
a
person
prove
to
raise
the
defense?
To
raise
the
defense,
a
defendant
must
either
have
a
debilitating
medical
condition
causing
seizures
or
must
be
the
parent
or
legal
guardian
of
a
minor
who
is
using
the
extracts
for
a
debilitating
medical
condition
causing
seizures.
What
type
of
marijuana
does
the
bill
apply
to?
This
law
only
applies
to
cannabis
extracts
that
are
free
from
plant
material
and
contain
less
than
three
percent
THC.
Can
patients
or
their
parents
grow
their
own
marijuana
for
the
purpose
of
making
cannabis
extracts,
or
can
entities
produce
and
sell
cannabis
to
Alabama
patients?
No.
It
is
still
completely
illegal
to
grow
marijuana
for
any
purpose.
Can
a
parent
who
uses
or
assists
his
or
her
child
in
using
CBD
extracts
be
at
risk
of
having
that
child
removed
from
his
or
her
custody?
No.
No
state
agency,
including
law
enforcement
agencies,
may
initiate
proceedings
to
remove
a
child
from
his
or
her
home,
based
solely
upon
the
parents
or
childs
use
or
possession
of
CBD
as
authorized
by
Lenis
Law.
What
about
this
University
of
Alabama
research
study
I
keep
hearing
about?
Carlys
Law,
which
passed
in
2014,
established
a
clinical
trial
in
the
Neurology
Department
at
the
University
of
Alabama,
which
looks
into
a
CBD-based
drug
for
patients
with
debilitating
seizure
conditions.
While
the
study
is
still
ongoing,
a
preliminary
report
issued
by
the
study
in
March
2016
has
shown
that
over
50%
of
study
participants
have
shown
sustained
improvement
of
seizure
control
and
at
least
two
patients
are
completely
seizure-
free.
The
study
is
employing
Epidiolex,
an
investigational
drug
manufactured
by
GW
Pharmaceuticals.
Due
to
federal
law,
participation
in
the
program
is
limited,
indeed
Lenis
family,
after
whom
the
bill
was
named,
moved
to
Oregon
after
she
was
denied
entry
into
the
program.
In
addition,
some
seizure
patients
report
needing
more
THC
or
different
preparations
than
is
included
in
Epidiolex.
When
will
this
law
take
effect?
The
law
takes
effect
on
June
1,
2016.