The battle over medical marijuana in Alabama continues to unfold—now entering the federal court system more than four years after Governor Kay Ivey signed legislation legalizing medical cannabis.
Despite the passage of the law in 2021, the Alabama Medical Cannabis Commission (AMCC) has faced repeated obstacles in implementing the program. The most persistent challenge has been legal disputes over the state’s licensing process, which have delayed access for patients and progress for businesses.
This week, the conflict reached a new level as a federal lawsuit was filed in the U.S. District Court for the Middle District of Alabama. The suit names members of the AMCC as defendants and was brought by Alabama Always, LLC, one of the applicants that sought an integrated license under the state’s medical cannabis program.
The complaint alleges that AMCC commissioners and staff violated the company’s constitutional rights under the First and Fourteenth Amendments. According to Alabama Always, the commission retaliated against the company for publicly criticizing the agency’s actions, which they claim included violations of Alabama’s own cannabis laws.
“Our company followed the rules. We met the qualifications. Yet we were denied—again and again,” said Will Somerville, attorney for Alabama Always. “And when we pointed out that the Commission violated the law, they retaliated against us for exercising our constitutional rights.”
Alabama Always board member Ben McNeil echoed the concern, alleging the commission awarded licenses to companies that do not meet the legal requirements outlined in the cannabis statute. “The commissioners insist on giving cannabis licenses to some companies that do not meet the license requirements,” he said.
In a related development, a state court ruling in April overturned licenses issued by the AMCC in December 2023, further complicating the already troubled rollout of the medical marijuana program.
This new federal lawsuit adds another layer of legal scrutiny, raising questions not only about fairness and transparency but also potential constitutional violations in how the AMCC has handled licensing decisions.
As of now, AMCC officials have not commented publicly on the lawsuit. WSFA 12 News has reached out for a response but has not yet received one.
With the case now in federal court, the outcome could have significant implications—not just for Alabama Always, but for the entire structure and credibility of Alabama’s medical cannabis program.
Stay tuned for updates as the legal battle continues.