Recreational cannabis retail is illegal in Alabama. The only lawful outlets are medical dispensaries licensed by the state Medical Cannabis Commission, and Code Section 20-2A-51 bars any in unincorporated Madison County unless the county commission first authorizes them by resolution.
There are no recreational marijuana dispensaries to zone in Madison County; selling marijuana is a crime under Alabama's drug laws. The only legal cannabis retailers are dispensing sites licensed under the Darren Wesley 'Ato' Hall Compassionate Act and regulated by the Alabama Medical Cannabis Commission. Code Section 20-2A-51 makes those sites opt-in for local government: the Commission cannot permit a dispensing site in an unincorporated county area unless the county commission has authorized dispensing sites there by resolution. Without that resolution no dispensary may open in unincorporated Madison County, and the county could still apply its zoning to any authorized site.
Operating an unlicensed cannabis outlet is prosecuted as unlawful distribution of a controlled substance, not a zoning citation, and a licensed dispensary that opens in an unincorporated area without the county commission's authorization is operating in violation of Section 20-2A-51.
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See how Madison County's dispensary zoning rules stack up against other locations.
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