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Alabama Legislation Would Require Women of ‘Childbearing Age’ to Acquire a Negative Pregnancy Test to Purchase Medical Cannabis

The legislation would require women aged 25-50 to provide documentation of a negative pregnancy test dated within 48 hours of purchase.

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Alabama legislation introduced by Republican Sen. Larry Stutts, that would require women of a “childbearing age” to have a negative pregnancy test to purchase medical cannabis, passed in a 7-2 Senate committee vote last week.

The legislation would require women aged 25-50 to provide documentation of a negative pregnancy test from their physician or from a certified medical lab licensed in Alabama, according to the bill text.

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“The documentation must be dated within 48 hours of purchase before she may purchase any medical cannabis except in the capacity as a registered caregiver,” the bill text states. Additionally, breastfeeding women would also be prohibited from purchasing medical cannabis unless they are registered caregivers.

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The legislation would also prohibit dispensaries from being within 1,000 feet of a 2- or 4-year institution of higher education or a day-care center.

“This is completely unprecedented because it is so clearly unconstitutional,” Emma Roth, a staff attorney with the National Advocates for Pregnant Women, told AL.com last week in response to Stutts’ bill. “We have serious concerns, just from a constitutional perspective and a public health perspective [about the legislation.] … We are very concerned that this is an invasion of the privacy of Alabama women and their right to equal protection under the law.”

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