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.

“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.

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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