Ala. Admin. Code r. 538-X-3-.03

Current through Register Vol. 42, No. 7, April 30, 2024

Section 538-X-3-.03 - Licensing And Regulation Of Medical Cannabis; Exceptions

(1) License Required. In each of the following categories a license to operate is required: integrated facility, cultivator, processor, secure transporter, dispensary, and state testing laboratory. To obtain a license, a person, including a business entity, must have applied to the Commission and been issued a license in accordance with the Act and this Chapter. No person or entity may apply for more than one category of license at a time; an applicant who withdraws an application may reapply, so long as the application is timely, in accordance with Rule 538-X-3-.05 of this Chapter.

(2) Number of Licenses to be issued by the Commission. The Commission will limit the number of licenses per category listed in paragraph 1. of this Rule to the extent directed by the Act. Nothing in the Act or this Chapter shall prevent the Commission from issuing less than the maximum number of licenses per category. The Commission may, in its discretion, determine not to issue a license in any or all categories listed in paragraph 1.; the Commission shall not issue the maximum number of licenses to the extent it determines that an insufficient number of the available Applicants in a category are properly qualified to hold a license in the category applied for.

(3)Hemp Act Exception. Licenses under this Chapter do not apply with respect to hemp or hemp-related products regulated by the Alabama Industrial Hemp Act, § 2-8-380, et seq., Code of Ala. 1975, (as amended).

(4)Illegal Cannabis Exception. Licenses under this Chapter do not apply with respect to cannabis or cannabis-related products:

(a) grown, manufactured, transported, tested, or dispensed outside the state of Alabama;

(b) grown, manufactured, transported, tested, dispensed or used within the State of Alabama other than for medical use as defined under the Act and these Rules; or

(c) diverted from cannabis or cannabis-related products grown or produced for medical use under the Act and these Rules.

Ala. Admin. Code r. 538-X-3-.03

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.