Alabama court overturns medical cannabis licenses awarded in 2023

MONTGOMERY, Ala. [WSFA]-  Alabamians hoping to access medical marijuana will have to keep waiting, following a court ruling this week that further delays the already stalled program. Although medical cannabis was legalized in the state four years ago when Governor Kay Ivey signed it into law, implementation has been plagued by ongoing legal issues and regulatory setbacks.

At the heart of the problem is the Alabama Medical Cannabis Commission, tasked with issuing licenses to growers and dispensaries. Several lawsuits have been filed against the commission, accusing it of violating the Alabama Administrative Procedures Act during the licensing process. This law outlines how regulatory agencies must conduct their work, and the courts have agreed that the commission failed to comply.

As a result, a judge has now tossed out all licenses issued by the commission in December 2023, effectively resetting the process. This move has sparked frustration among applicants and state officials alike, but has also offered a new, if slow, path forward.

“After two years of being stuck in the mud, having a log jam, this at least offers a path forward to have them follow and get licenses issued,” said Will Somerville, an attorney for Alabama Always, one of the plaintiffs in the legal challenge. “It’ll probably take several months to do this, but it’s better than two years. It’s nice to have that clear, finally.”

John McMillan, director of the Alabama Medical Cannabis Commission, expressed deep frustration with the situation. He believes powerful interests are working behind the scenes to stall the program unless it proceeds on their terms.

“Just continued high level of frustration with how this has evolved,” McMillan said. “It has become obvious that some powerful forces in Alabama intend to keep this program from getting going unless they have their way, whatever that way seems. They’re coming at every angle.”

The commission is currently evaluating its legal options, including filing an appeal. In the meantime, patients and prospective business owners remain in limbo as the state's path to a functioning medical cannabis program remains uncertain.



by WSFA