Alabama senators took just 15 minutes this afternoon to pass a bill that regulates the production, sale and use of medical marijuana.
The legislation would still have to be passed in the House of Representatives to become law.
By 21 votes to 8, the Senate approved Sen. Tim Melson’s bill, R-Florence. This would allow doctors to recommend medical cannabis products for a wide range of conditions, such as anxiety, nausea, chronic pain and sleep disorders.
This would create a Medicinal Cannabis Commission that would oversee a “seed for sale” system, issuing licenses for the cultivation, processing, distribution, transportation and testing of medical cannabis. Qualifying patients would receive medical cannabis cards.
The bill, called the Compassion Act, would make Alabama the 37th state to allow medical marijuana, according to the National Conference of State Legislatures.
The Senate also approved the bill in the past two years, but it has stalled in the House. Melson said this year’s legislation is essentially the same as the Senate passed last year.
A medical researcher and anesthesiologist, Melson said the evidence shows that people in Alabama should be able to try medical marijuana products for conditions that conventional drugs have not solved.
“I was skeptical five years ago,” said Melson. “I started listening to patients instead of biased people and this is where we are today.”
He said medical marijuana is not a miracle drug, but it can make a dramatic difference to some people who have tried other remedies without success.
“I think this is what we need to open our eyes and be willing to allow people to have that opportunity,” said Melson.
Another senator who is also a doctor voted against the bill. Senator Larry Stutts, R-Sheffield, an OB-GYN, has opposed Melson’s bill for the past three years. He said there was no basis for calling medical marijuana products “medicinal”.
“First, there is no 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 medicines, so that medicines are approved, and we are getting around this process ”.
Melson’s bill would allow doctors to recommend medical marijuana products to patients suffering from more than a dozen illnesses, including anxiety or panic disorder; autism; nausea and weight loss caused by cancer or HIV; convulsions; fibromyalgia; Crohn’s disease; post-traumatic stress disorder; menopause or premenstrual symptoms; sleep disorders; spasticity associated with certain diseases or injuries of the spinal cord; a terminal illness; Tourette’s syndrome; and chronic pain.
Stutts said the list of qualifying conditions is very broad and general. He said this will lead to an increase in recreational use of marijuana.
“Anyone who wanted marijuana could get a cannabis card and qualify for one of these medical conditions and get it,” said Stutts. “So it’s a secret way of saying that we are going to increase the availability of marijuana.”
Melson said that is not his intention.
“I’m not a recreational marijuana addict,” said Melson. “I don’t want this in this state. I just want the patients who need it to have it. “
The project would not allow the use of vegetable raw material or products that would be smoked or vaporized.
Medical cannabis can come in tablets, capsules, gel cubes, oils, creams, suppositories, patches, and liquid or oil for use in an inhaler.
Senators added two amendments, including one from 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 daily dosing and a ban on sugar-coated gel cubes.
Two years ago, the House rejected Melson’s effort to legalize medical marijuana and changed the bill to create a commission to study the issue.
Related: What were the conclusions of the Alabama Medical Cannabis Study Commission?
Last year, the COVID-19 pandemic interrupted the session.
Melson believes there is more support in the House this year, partly because representatives know more about the potential use.
“They had that family member they needed or they realized they had a friend or neighbor they needed,” said Melson. “I think you will be surprised.”
Stutts said that, in addition to opposing the bill for medical reasons, he said he opposes it as a small conservative government because of the size of the agency that would be needed to regulate the sector.
The bill would establish a 9% sales tax on medical cannabis products and impose license fees. The money would go to a Medicinal Cannabis Commission fund. It would be used to cover program regulation costs. Most of the remaining money would go to the state’s General Fund and a consortium of universities in Alabama for research on medical cannabis.
Read the summary of the Legislative Service Agency.