A plan to legalize and regulate medical marijuana from seed to sale in Alabama cleared its first hurdle today in the Legislature.
The Senate Judiciary Committee voted 8-1, with one abstention, in favor of the bill by Sen. Tim Melson, R-Florence, that would make Alabama the 34th state to allow cannabis products for medical purposes. The vote moves the bill to the full Senate.
The committee’s decision came after a public hearing. An overflow crowd showed up for the hearing, which had to be moved to a larger committee room. Four opponents and four proponents of medical marijuana spoke.
The committee approved a similar bill last year. The Senate approved it but it died in the House of Representatives.
Melson, an anesthesiologist and medical researcher, said the research and experiences in other states supports allowing medical cannabis products as an option for patients suffering from chronic pain, seizures, nausea, muscle spasms, and other debilitating symptoms of about 16 medical conditions listed in the bill.
At today’s public hearing, Cristi Cain of Elmore County told the committee about her 8-year old son, Hardy, who was diagnosed with epilepsy at age 2 and suffered more than 100 seizures a day. Cain said Hardy took benzodiazapenes to control the seizures but got little relief. The family decided to try an alternative to the strong medications. In 2017, she said Hardy began taking CBD oil. The Legislature had passed a bill a year earlier, Leni’s Law, allowing the use of CBD oil containing up to 3% THC.
Cain said that Hardy became more alert within a couple of weeks and said that within a few months the frequency of his seizures dropped to about 20-30 a day.
“By the fourth month, our boy was back,” Cain said. “The smile had returned and the joy in his eyes began to shine. The fog that he had been in was dissipating, and we couldn’t be more excited.”
Hardy was weaned off the benzodiazapenes over a 20-month period, Cain said. He was also able to stop taking another medication for digestive issues. But Cain believes Hardy could get even more relief from medical cannabis products that are legal in some states, but not Alabama. She said she and her husband, who have two other boys, did not want to move, but are considering it because of Hardy’s health.
“It has been said many times that a zip code shouldn’t affect one’s education,” Cain said. “But I also want to include that an area code shouldn’t affect one’s health care. If Hardy didn’t live in Alabama, he could be seizure free. We shouldn’t have to be, and frankly don’t want to be, medical refugees, but it is a very real possibility.”
Cain wore a button showing a photo of Hardy from 2015, when he was on the strong medicines and another taken about two years later, a few months after he began using CBD oil.
Cristy Cain of Elmore County wears a button supporting Alabama’s medical cannabis bill and another button that she said shows how her son, Hardy, improved after being able to use CBD oil to treat his seizures. (Mike Cason/mcason@al.com)
Among the opponents who spoke today was Capt. Clay Hammac, commander of the Shelby County Drug Task Force. Hammac acknowledged that medical cannabis products have shown they can help some people, including those with severe seizure disorders, but noted that some medications are already available in Alabama under Leni’s Law. Hammac said he believed the legalization of medical marijuana would be a step toward decriminalization of marijuana. Hammac said he also opposed legalization because it would conflict with federal law, which still classifies marijuana as an illegal drug.
Voting in favor of the bill today were Sens. Greg Albritton, R-Atmore; Linda Coleman-Madison, D-Birmingham; Vivian Davis Figures, D-Mobile; Malika Sanders-Fortier, D-Selma; Bobby Singleton, D-Greensboro; Tom Whatley, R-Auburn; Will Barfoot, R-Montgomery; and Cam Ward, R-Alabaster.
Sen. Larry Stutts, R-Sheffield, an OB/GYN, voted no. Sen. Sam Givhan, R-Huntsville, abstained.
A Medical Cannabis Study Commission made up of doctors, lawyers, and other professionals held a series of meetings last year and voted 12-3, with three abstentions, to recommend legalization.
State Health Officer Dr. Scott Harris was among those on the study commission who voted no, and Attorney General Steve Marshall has urged lawmakers to reject the plan.
Today’s vote by the Senate Judiciary committee puts the bill in line for a Senate vote as early as next week. Melson said he hoped the bill could come to the Senate floor with the next couple of weeks.
Senate President Pro Tem Del Marsh, R-Anniston, has said he believes there is strong support for the bill in the Senate. House Speaker Mac McCutcheon, R-Monrovia, said last week that opposition remains in the House, where the bill died last year.
Melson’s bill would not allow the use of any products that can be smoked or raw plant material. He said it includes ample protections for employers, who would not be forced to hire or keep on the job any employees who use medical marijuana.
Medical cannabis products would be developed from cannabis grown in Alabama at licensed sites. The products would be tested for purity and potency and would bear a state seal indicating that. They would be sold at up to 34 dispensaries and available to patients with a medical cannabis card certified by a doctor.
This story was updated at 7:17 p.m. to say how senators voted.