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Overview of Alabamas Extract-Only Low-THC Medical Marijuana Law

On May 4, 2016, Alabama Gov. Robert Bentley signed into law HB 61, known as Lenis
Law. This measure expands upon a 2014 cannabis-oil bill Carlys Law by providing
an affirmative defense to patients (and their parents or caretakers) who suffer from
debilitating seizure conditions for the use and possession of marijuana extracts that
contain less than three percent THC. Because this law (1) only provides an affirmative
defense, (2) offers no realistic source for the extracts, and (3) only applies to a tiny fraction
of the patients who could benefit from medical cannabis, MPP does not consider Alabama a
medical marijuana state.

What is an affirmative defense?
An affirmative defense does not protect someone from arrest, jail, or trial for the use and
possession of medical marijuana, including cannabidiol (CBD). The defense acts like a
shield from conviction if the person can prove use of the oil was pursuant to Lenis Law.
One can liken this to the more commonly heard affirmative defenses of self defense. If a
defendant proves an affirmative defense in court, he or she is not guilty of a crime. In this
case, the defense is that the defendant has a debilitating seizure condition and used and
possessed the CBD pursuant to Lenis Law.
What must a person prove to raise the defense?
To raise the defense, a defendant must either have a debilitating medical condition causing
seizures or must be the parent or legal guardian of a minor who is using the extracts for a
debilitating medical condition causing seizures.

What type of marijuana does the bill apply to?
This law only applies to cannabis extracts that are free from plant material and contain
less than three percent THC.

Can patients or their parents grow their own marijuana for the purpose of making
cannabis extracts, or can entities produce and sell cannabis to Alabama patients?
No. It is still completely illegal to grow marijuana for any purpose.

Can a parent who uses or assists his or her child in using CBD extracts be at risk of
having that child removed from his or her custody?
No. No state agency, including law enforcement agencies, may initiate proceedings to
remove a child from his or her home, based solely upon the parents or childs use or
possession of CBD as authorized by Lenis Law.

What about this University of Alabama research study I keep hearing about?

Carlys Law, which passed in 2014, established a clinical trial in the Neurology Department
at the University of Alabama, which looks into a CBD-based drug for patients with
debilitating seizure conditions. While the study is still ongoing, a preliminary report issued



by the study in March 2016 has shown that over 50% of study participants have shown
sustained improvement of seizure control and at least two patients are completely seizure-
free. The study is employing Epidiolex, an investigational drug manufactured by GW
Pharmaceuticals. Due to federal law, participation in the program is limited, indeed Lenis
family, after whom the bill was named, moved to Oregon after she was denied entry into
the program. In addition, some seizure patients report needing more THC or different
preparations than is included in Epidiolex.

When will this law take effect?
The law takes effect on June 1, 2016.