Alabama

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Alabama does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

Alabama does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Alabama requires that at least one-fourth of all licenses and one fifth of all integrated facility licenses be awarded to businesses which are at least 51% owned by members of a minority group. For purposes of this subsection, minority group means individuals of African American, Native American, Asian, or Hispanic descent.

Source:

Ala. Code § 20-2A-51. subsection (b)

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Alabama does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

Alabama does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

Alabama is a limited license state and has medical use licensing caps based on state population, medical market demand and other factors. The Medical Cannabis Commission is permitted to grant licenses for up to twelve cultivators, four processors, four dispensaries (which each may operate up to three locations in different counties), five integrated facilities (that may grow, process, transport and dispense at up to five dispensing sites in different counties), along with secure transporters and testing laboratories.

Localities in Alabama must proactively opt-in in order to participate in the medical market. A dispensary is not permitted to operate in a municipality unless the municipality has authorized operations in its jurisdiction.

Source:

Ala. Code § 20-2A-51. subsection (c) (1)-(3)

Application Selection Process

  • Selection System:
Merit

Alabama distributes medical cannabis licenses through a merit system. 

Source:

Ala. Code § 20-2A-56. . Subsection c. 30-day period prior to issuance; public comment

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

An applicant will not be granted a license if they have been convicted of a controlled substance-related felony or other felony within the past 10 years; provided, however, the commission shall not consider any conviction overturned on appeal or any charge that has been expunged.

Source:

Ala. Code § 20-2A-56. subsection b.

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

Alabama’s medical use sector has restrictions disqualifying potential employees with certain convictions.If the criminal background check of a prospective officer, employee, or contractor indicates a pending charge or conviction within the past five years for a controlled substance-related felony or a controlled substance-related misdemeanor, a licensee may not appoint, hire, or contract with the prospective person without written permission of the commission; provided, however, a licensee shall not consider any conviction that has been expunged.

Source:

Ala. Code § 20-2A-59. subsection (b)

Availability of Expungements

  • Expungements:
No

Alabama does not offer expungements for felony cannabis convictions.