Information about Medical Cannabis in the City of Birmingham
The State of Alabama through the Alabama Medical Cannabis Commission will work to implement and administer the laws by making medical cannabis derived from cannabis grown in Alabama available to registered qualified patients and by licensing facilities that process, transport, test or dispense medical cannabis.
The City of Birmingham, per Ordinance No. 22-142 will allow medical cannabis in the city in accordance with state laws and requirements.
Frequently Asked Questions Related to Medical Cannabis in the City of Birmingham
What is medical cannabis?
A medical grade product grown and processed within the State of Alabama, in one of the approved forms set forth in § 20-2A-3(14), Code of Alabama 1975 (as amended), that contains a derivative of cannabis for medical use by a registered qualified patient pursuant to the Darren Wesley “Ato” Hall Compassion Act and the Rules established by the Alabama Medical Cannabis Commission.
Is the City of Birmingham going to allow medical cannabis?
Yes. Per Ordinance No. 22-142, the Birmingham City Council approved the following:
- The operation of medical cannabis dispensaries within the corporate limits of the City of Birmingham, subject to any applicable zoning restrictions the City may adopt, pursuant to Ala. Code, 1975, § 20-2A-51 (c) (3).
- The operation of any facility, regardless of type, licensed by the Alabama Medical Cannabis Commission (AMCC) within the City of Birmingham shall comply with the Commission’s strict regulation and oversight and shall comply with all laws and ordinances for the operation of a business within the City, including, but not limited to, business licensing, and other required taxes, and with all applicable ordinances and codes for location, construction, and sanitation of business premises within the City of Birmingham.
Where will medical cannabis dispensaries be allowed?
On Tuesday, November 29th, the City Council will hold a public hearing regarding the addition of medical cannabis to the City’s Zoning Ordinance. A draft copy can be found at https://www.birminghamal.gov/city-directory/planning-engineering-permits/proposed-zoning-amendments/. The permitted uses table identifies the zoning districts where medical dispensaries (and other medical cannabis facilities) can be located. The medical cannabis dispensaries will also have to comply with the State of Alabama requirements as outlined in the Darren Wesley “Ato” Hall Compassion Act and the Rules established by the Alabama Medical Cannabis Commission.
What are the rules for medical cannabis dispensaries?
A medical cannabis dispensary is a retail location where persons with qualifying medical conditions or their authorized caregiver can obtain medical cannabis products. A medical cannabis dispensary in Alabama is not open to the general public. Use of the products will not be allowed at the dispensary. Dispensaries also must comply with the following rules (see https://amcc.alabama.gov/about/resources/ for all requirements):
- A “dispensing site” may consist of a stand-alone building or occupy dedicated exclusive space within a multi-use structure, strip mall or other such retail facility, except that a dispensing site may not occupy space within the same multi-use structure, strip mall or other such retail facility as a certifying physician or another licensee. To the extent that the dispensing site occupies space within a multi-use structure, strip mall or other retail facility, the licensee must provide a verified plan demonstrating that the space is reasonably secure from outside intrusion and that the safety and privacy of patients and caregivers is fully supported and monitored at all times during their visits to the dispensary (including in the parking area outside the dispensing site, see 538-x-8-.04-2). Other facilities owned or leased and operated by a dispensary, such as a business office and a warehouse, shall not be deemed a dispensing site, provided that no medical cannabis products are offered for sale at such facilities.
- To the extent that a dispensing site is housed in a stand-alone building, a dispensary must maintain a parking area adjacent to its structure that shall be for the exclusive use of patients and caregivers seeking to purchase medical cannabis and related equipment and supplies; the parking area must be designed to provide reasonable privacy to those individuals in their ingress and egress from the dispensing site. Alternatively, if an exclusive parking area is not feasible for the stand-alone dispensary site, the dispensary must maintain for the exclusive use of patients and caregivers a designated portion of the parking area that is situated conveniently to the dispensing site, and which may be monitored and supported for the reasonable safety and security of customer patients and caregivers. To the extent that a dispensing site is housed in a multi-use structure, strip mall or other such retail facility, the dispensary must maintain for the exclusive use of patients and caregivers a designated portion of the parking area that is situated conveniently to the dispensing site, and which may be monitored and supported for the reasonable safety and security of customer patients and caregivers.
- Restricted Proximity to School, Daycare or Childcare Facility:
- The location of any dispensing site must be at least 1000 feet from any school, day care, or childcare facility.
- For purposes of paragraph 3.a. of this Rule, the following terms have the following meanings:
(1) “At Least One Thousand Feet” shall mean at least one thousand feet in a straight line from the property line of the dispensing site premises to the property line of the school, daycare or childcare facility, measured at the nearest possible point between the two.
(2) “School, Daycare or Childcare Facility” shall mean the real property on which a public or private school for students in any grade K-12 (not including a residence in which schoolage children are being home-schooled) has actively operated within the last six months, or the real property on which a licensed daycare or childcare facility has actively operated within the last six months.
(3) “Premises” shall mean a stand-alone structure housing a dispensing site, all portions of the real property where a dispensing site operates, including but not limited to the parking lot and any peripheral space outside the structure housing the dispensing site.
- A dispensing site may not operate in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under § 20-2A-51, Code of Alabama 1975 (as amended).
Why is the City of Birmingham allowing medical cannabis?
The healthcare industry is a highly valued segment of the City’s economy. Birmingham is fortunate to have world-renown health care resources, including hospitals, clinics, educational facilities and research facilities. The operation of medical cannabis facilities in the City will further expand opportunities for the City’s dynamic healthcare industry and provide patients with new medical care options.
What are other types of medical cannabis facilities are allowed (in addition to a dispensary)?
The State of Alabama allows the following medical cannabis-related facilities:
Medical Cannabis Cultivator
Medical Cannabis Integrated Facility
Medical Cannabis Processor
Medical Cannabis Secure Transporter
Medical Cannabis State Testing Laboratory
What are the state requirements for medical cannabis dispensaries and the other medical cannabis-related facilities?
The State of Alabama has specific requirements for each type of medical cannabis facility. A complete list of requirements can be found at https://amcc.alabama.gov/about/resources/
What types of medical cannabis products are approved for use in Alabama?
Allowed Products:
Tablets
Capsules
Tinctures
Gels, oils, and creams for topical use
Suppositories
Transdermal patches
Nebulizers
Liquids or oils for use in an inhaler
Products That Are Not Allowed:
Raw plant material
Products that could be smoked or vaped
Food products such as cookies or candies
What conditions qualify for medical cannabis treatment?
Autism
Cancer-related weight loss or chronic pain
Crohn’s
Depression, epilepsy or condition causing seizures
HIV/AIDS-related nausea or weight loss
Panic disorder
Parkinson’s
Persistent nausea not related to pregnancy
PTSD
Sickle Cell
Spasticity associated with diseases including ALS, multiple sclerosis, and spinal cord injuries
Terminal illnesses
Tourette’s
Chronic pain for which conventional therapies and opiates should not be used or are ineffective
What are the age restrictions?
Patients 19 or older with a qualifying condition could receive a medical cannabis card to buy the products. Parents and others could register as caregivers to obtain the products for minors.
Is it illegal to use or sell medical cannabis for purposes other than what’s allowed under the law?
Yes! It is illegal to distribute, possess, manufacture, or use medical cannabis or a medical cannabis product that has been diverted from a registered qualified patient, a registered caregiver, or a licensed cultivator, processor, secure transporter, dispensary, or a state testing laboratory.
Read Medical Cannabis Zoning updates approved by council on November 29, 2022 here.
For additional information, please visit https://amcc.alabama.gov/
