Earlier this month, Alabama Governor Robert Bentley signed into law SB 174, known as Carly’s Law. This law creates an affirmative defense for patients suffering from debilitating epileptic conditions — or their caregivers — for the possession and use of marijuana extracts that are high in CBD (a component of marijuana). It is a strong endorsement by Alabama lawmakers of the medical benefits of marijuana. Unfortunately, the law suffers from several fatal flaws, rendering it ineffective.
Unfortunately, by being limited to low-THC extracts and patients with epilepsy, SB 174 leaves the vast majority of patients behind. Even patients with epilepsy are extremely unlikely to get relief. Carly’s Law requires a “prescription” for the legal use of medical marijuana. Yet “prescribing” a federally illegal substance may jeopardize a doctor’s federal license. Meanwhile, a “recommendation” is protected under the First Amendment.
By merely providing an affirmative defense, the law won’t protect patients from being arrested and dragged into court. Finally, this law relies on the University of Alabama at Birmingham to implement the medical marijuana program. Unfortunately, based on what we have already experienced in other states, this university hospital-based approach is extremely unlikely to ever get off the ground.