In many states, it is perfectly legal to possess and distribute cannabidiol (CBD) products. In fact, it has been used medicinally to treat a myriad of diseases and conditions. Therefore, Alabama residents and visitors should be aware of the current laws surrounding CBD possession and distribution in order to avoid running into serious legal troubles.
Current laws surrounding CBD
The State of Alabama Office of the Attorney General released a public notice late in 2018 clarifying any confusion surrounding the current laws.
In 2014, state lawmakers passed Carly’s Law, which provides an affirmative defense for patients with epileptic conditions or those with CBD prescriptions authorized by the University of Alabama Birmingham Department of Neurology. The law is poised for expiration on July 1, 2019. This means that the protections afforded by the law will no longer exist unless lawmakers act.
Leni’s Law, which was passed in 2016, provides an affirmative defense for individuals suffering from chronic or debilitating conditions that cause seizures if they are prosecuted for marijuana or CBD possession for personal use.
Currently, it is illegal to sell, deliver, or distribute CBD in Alabama, unless it is an FDA-approved prescription of Epidiolex. Carly’s Law and Leni’s Law only offer an affirmative defense for those already arrested and prosecuted for marijuana possession. It doesn’t offer any safety for those who seek to obtain marijuana or CBD for a medical condition or personal use. Additionally, the affirmative defense provisions in both laws are only valid if the THC level found in CBD is no more than three percent relative to CBD.
Arrested for CBD possession? You need an attorney on your side
If you are arrested and charged with possession of marijuana in Alabama, the consequences can be harsh. For less than 2.2 lbs, you may be charged with a misdemeanor, spend up to one year in jail, and pay a fine of up to $6,000. For more than 2.2 lbs of marijuana possession, you could be charged with a class C felony, spend up to ten years in jail, and pay a fine of up to $15,000.
If you are facing drug charges, especially for CBD possession, it’s critical that you consult with an experienced Alabama criminal defense attorney as soon as possible. Maybe you’re an Alabama resident and weren’t fully aware of the ramifications of CBD possession. Perhaps you’re from another state and weren’t accustomed to this state’s laws.
An attorney at Barclay Law LLC would like to speak with you and help you build a strong legal defense. Contact us today to get started.