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12-23A-5
pretrial release or probation. (e) Unless otherwise ordered by the court, the drug test results
and screening of a drug offender shall be provided as soon as practical after the initial
appearance of the drug offender before the drug court team, or other appropriate authority
in the case of an inmate. (f) The screening shall include recommendations concerning the drug
offender's need for a needs or risk assessment. (g) Anyone receiving drug test results, a
screening, an assessment, or other personal medical information shall maintain that
information in accordance with federal and state confidentiality laws. (h) A court shall immediately
consider ordering a drug offender to participate in drug court if all of the following apply:
(1) A screening reveals that a drug offender is a substance abuser, and the court recommends
that the drug offender participate in drug court. (2) The court has reason to believe that
participation in drug court will benefit the drug offender by addressing his...
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13A-12-260
Section 13A-12-260 Drug paraphernalia; use or possession; delivery or sale; forfeiture. (a)
Definition of "drug paraphernalia". As used in this section, the term "drug
paraphernalia" means all equipment, products, and materials of any kind which are used,
intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in violation of the controlled
substances laws of this state. It includes but is not limited to: (1) Kits used, intended
for use, or designed for use in planting, propagating, cultivating, growing, or harvesting
of any species of plant which is a controlled substance or from which a controlled substance
can be derived; (2) Kits used, intended for use, or designed for use in manufacturing,...
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45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) An offense involving violence in
which the victim was a child under 14 years of age, a law enforcement officer, a school officer,
a correctional officer, active duty military personnel of the United States military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) An offense involving violence in which the
victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional
officer, active duty military personnel of the United States military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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32-6-49.11
Section 32-6-49.11 Disqualification from driving commercial motor vehicle. (a) Any person is
disqualified from driving a commercial motor vehicle for a period of not less than one year
if convicted of a first violation of one of the following: (1) Driving a motor vehicle under
the influence of alcohol, or a controlled substance or any other drug which renders a person
incapable of safely driving. (2) Driving a commercial motor vehicle while the alcohol concentration
of the person's blood, urine, or breath is 0.04 or more. (3) Knowingly and willfully leaving
the scene of an accident involving a motor vehicle driven by the person. (4) Using a motor
vehicle in the commission of any felony. (5) Refusal to submit to a test to determine the
driver's use of a controlled substance or alcohol concentration while driving a motor vehicle.
If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting
a hazardous material required to be placarded, the person is...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving
forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
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20-2-260
Section 20-2-260 Permit authorized. (a) The Board of Medical Examiners may at any future date
it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated
with the permit, that, along with any other necessary registration, may permit assistants
to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully
prescribe, administer, authorize for administration, or dispense only those controlled substances
listed in Schedule II substances of Article 2 of Chapter 2 of this title in accordance, as
specified and limited by the permit, with rules adopted by the board and any protocols, formularies,
and medical regimens established by the board for regulation of a LPSP. Any protocols, formularies,
and medical regimens shall not be considered administrative rules under the Alabama Administrative
Procedure Act. (b) An assistant to physician, certified registered nurse practitioner, or
certified nurse midwife shall not utilize his or...
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26-15-3.2
person commits the crime of chemical endangerment of exposing a child to an environment in
which he or she does any of the following: (1) Knowingly, recklessly, or intentionally causes
or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled
substance, chemical substance, or drug paraphernalia as defined in Section 13A-12-260. A violation
under this subdivision is a Class C felony. (2) Violates subdivision (1) and a child suffers
serious physical injury by exposure to, ingestion of, inhalation of, or contact with
a controlled substance, chemical substance, or drug paraphernalia. A violation under this
subdivision is a Class B felony. (3) Violates subdivision (1) and the exposure, ingestion,
inhalation, or contact results in the death of the child. A violation under this subdivision
is a Class A felony. (b) The court shall impose punishment pursuant to this section rather
than imposing punishment authorized under any other provision of law,...
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34-24-607
Section 34-24-607 Inspections. (a) Physicians registered under this article shall make all
records, notes, and files of the registrant open to inspection. In carrying out the intent
of this article, the board shall have all of the power and authority that it currently possesses
in its current capacity under Sections 34-24-363 to 34-24-365, inclusive. However, all of
that authority and power therein may be applied to this article for purposes of this pain
management registration. (b) If the board finds that danger to the public health, safety,
or welfare requires emergency suspension of a registration and states in writing its reason
for that finding, it may proceed without hearing or upon any abbreviated hearing that it finds
practicable to suspend the registration under this article. The suspension shall become effective
immediately, unless otherwise stated therein. The suspension may be effective for a period
of not longer than 120 days and shall not be renewable. The board shall not...
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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings: (1) DRUG.
Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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