Alabama senators took only about 15 minutes this afternoon to pass a bill to regulate the production, sale and use of medical marijuana.
The legislation will still have to pass through the House of Representatives to become law.
In a 21-8 vote, the Senate passed the bill by Sen. Tim Melson, R-Florence. This will enable doctors to recommend medical cannabis products for a wide range of conditions such as anxiety, nausea, chronic pain and sleep disorders.
It would create a Medical Cannabis Commission that would oversee a “seed-for-sale” system, which would issue licenses for the cultivation, processing, dispensing, transportation and testing of medical cannabis. Patients with qualifying conditions will receive medical marijuana cards.
The bill, called the Compassion Act, would make Alabama the 37th state to allow medical marijuana, according to the National Conference of State Lawmakers.
The Senate has also passed the bill for the past two years, but it got stuck in the House. Melson said the legislation is essentially the same as what the Senate passed last year.
A medical researcher and anesthetist, Melson, said the evidence is a strong argument that people in Alabama should be able to try medical cannabis products for conditions that conventional medication has not resolved.
“I was skeptical five years ago,” Melson said. “I started listening to patients instead of the biased people, and that’s where we are today.”
He said medical marijuana is not a panacea but can make a dramatic difference for some people who have tried other drugs without success.
“I think that’s what we need to do to open our eyes and be willing to give people the opportunity,” Melson said.
Another senator who is also a physician voted against the bill. Senator Larry Stutts, R-Sheffield, an OB-GYN, has been opposed to Melson’s bill for the past three years. He said there was no basis for calling medical marijuana products “medical”.
“First of all, there is no such thing as medical marijuana. It’s just marijuana, “said Stutts. “From a medical point of view, it’s just marijuana. And we have a process for products, for drugs, to approve medicines, and we bypass the whole process. ‘
Melson’s bill would enable doctors to recommend medical cannabis products to patients suffering from more than a dozen conditions, including anxiety or panic disorder; autism; nausea and weight loss caused by cancer or HIV; attacks; fibromyalgia; Chrohn’s disease; post-traumatic stress disorder; menopause or premenstrual symptoms; sleep disorders; spasticity associated with certain diseases or spinal cord injuries; a terminal illness; Tourette’s syndrome; and chronic pain.
Stutts said the list of qualifying conditions is too broad and general. He said this would lead to an increase in the use of marijuana for recreation.
“Anyone who wants marijuana can get a marijuana card and qualify for one of these medical conditions and get it,” Stutts said. “So it’s a backdoor way of saying we’re going to increase marijuana availability.”
Melson said that was not his intention.
“I’m not a marijuana person,” Melson said. ‘I do not want it in this state. I just want the patients who need it to get it. ”
The bill does not allow the use of raw plant material or products that are smoked or steamed.
The medical marijuana may contain tablets, capsules, gel cubes, oils, ice, suppositories, patches, liquid or oil for use in an inhaler.
Senators have added two amendments, including one by Senator Bobby Singleton, D-Greensboro, to add sickle cell anemia to the list of conditions. The other, by Senator Arthur Orr, R-Decatur, made several changes, including a restriction on the daily dose and a ban on sugar-coated gel blocks.
Two years ago, the House rejected Melson’s attempt to legalize medical marijuana and changed the bill to create a commission to study the issue.
Related: What were the findings of the Alabama Medical Commission for Cannabis Study?
Last year, the COVID-19 pandemic cut the session short.
Melson believes there is more support in the House this year, in part because representatives know more about the potential use.
“They had the family member who needed it, or they realized they had a friend or neighbor who needed it,” Melson said. “I think you’ll be surprised.”
Stutts said he, in addition to medical reasons, is not opposed to the bill, but also that he opposes it as a small government conservative because of the size of the agency needed to regulate the industry.
The bill would impose a 9% tax on medical cannabis products and impose license fees. The money goes to a medical cannabis commission. It is used to cover the cost of regulating the program. Most of the money left over goes to the state fund and a consortium of universities in Alabama for research on medical cannabis.
Read the summary of the Legislative Services Agency.