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Alabama Bill to Require Negative Pregnancy Test for Medical Cannabis

Sen. Larry Stutts, R-Tuscumbia, revealed a law that required women aged 25-50 to provide proof of a negative pregnancy to a dispensary to obtain medical cannabis in Alabama. The test would need to come from a physician or medical laboratory and must be completed 48 hours prior to purchase. You did read it correctly.

Senate Bill 324, a controversial piece of legislation that has generated a significant amount of opposition in many communities, is the result. This bill was passed by the Senate Committee in 7-2 votes last week. Since then, there has been a great deal of criticism.

All across the country, organizations responded. One example is the National Advocates for Pregnant Women (NAPW), calling the bill “blatantly unconstitutional and unprecedented.”

Similar reactions were expressed by others to the bill. “We are very concerned that this is an invasion of the privacy of Alabama women and their right to equal protection under the law,” NAPW attorney Emma Roth told AL.com.

Beyond the negative pregnancy test, women of the “childbearing age” would have to also report to their physicians if they become pregnant. Additionally, medical cannabis would be prohibited to new mothers who are still breastfeeding.

How these bans are enforced—with inevitable consequences—is not discussed in the bill.

Medical cannabis is a new topic in the state of Alabama—with Governor Kay Ivey just signing the legislation in May 2021. The legislation was met with a great deal of opposition from legislators. However, several exceptions were made after the signing.

Oral cannabis products, such as tinctures and capsules (e.g. tinctures, capsules, etc.) They are permissible. Smoking, vaping and edibles are still prohibited by state law.

However, this new legislation that would require women to provide pregnancy tests may be taking the regulations concerning Alabama’s medical industry too far. And there’s plenty of concerned folks out there looking to ensure this bill doesn’t pass.

Alabama Regulations will likely drive people away from medical cannabis

This bill’s reasoning is simple: According to the CDC, cannabis consumption while pregnant can cause a variety of health issues in infants. These include lower birth weights as well as unusual neurological development. It’s a highly contested issue, and many women choose to abstain during pregnancy.

Even when it comes to cannabidiol (CBD), the medical community cannot determine whether or not these products produce negative effects in pregnant or breastfeeding women—there’s just not enough research.

So, why should Alabamans have to prove to their state government that they’re being responsible mothers and only using cannabis if they feel safe about it? 

Many people agree that the invasiveness of the bill’s measure is obvious. However, the bill creates unnecessary hassle for medical marijuana-using women. Imagine this: each time they purchase cannabis, they’d also have to buy (and set aside the time to take) a pregnancy test. It’s a burden that women have to bear in many respects.

Alabama also has other absurd restrictions on the medical industry. In Alabama, there will only be four dispensary licenses.

While there are already restrictions on where those dispensaries are allowed, Stutts’ bill plans to add further restrictions. The document includes a prohibition on dispensaries located within 1,000 feet from a college or home-based care facility.

All these rules will only have one outcome—a public that’s discouraged from purchasing legal cannabis for medical purposes. The black market would likely outsell the legal sector.

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