Earlier this month, the Alabama legislature approved a medical marijuana legalization bill dubbed Senate Bill (SB) 46, also known as the Darren Wesley ‘Ato’ Hall Compassion Act.
The bill will now go to state Governor Kay Ivey for final approval, who has yet to indicate if she will veto the bill.
A spokesperson for Governor Ivey has stated that she “look[s] forward to thoroughly reviewing it” however.
If signed by the governor, the Darren Wesley ‘Ato’ Hall Compassion Act will go into effect immediately.
The bill lists 16 medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in the state. This includes Crohn’s disease, depression, epilepsy, panic disorder, post-traumatic stress disorder, or “any condition” causing chronic pain where other treatment, including with opioids, have been ineffective.
The bill also defines “medical cannabis” to exclude products that can be smoked and vaped, and marijuana-infused food products and to include other products such as oral tablets, gels, oils, creams, patches, or lozenges.
The bill additionally does not contain any express employment protections for medical marijuana cardholders. Instead, the bill’s language is employer-friendly in nature. With respect to employment, the bill specifically states that the bill does not:
Require an employer to permit, accommodate, or allow the use of medical marijuana;
Require an employer to modify job or work conditions for applicants or employees who use medical marijuana;
Prohibit employers from taking adverse employment action against medical marijuana cardholders, based either wholly or in part on the individual’s medical marijuana use, and irrespective of impairment;
Prohibit employers from establishing and enforcing drug testing, drug-free workplace, or similar policies;
Prohibit employers from requiring medical marijuana cardholders to notify employers of medical marijuana cardholder status;
Interfere with federal regulations or restrictions, such as U.S. Department of Transportation regulations; and
Provide for an express, legal cause of action for an individual to file a legal claim against an employer.
