The rollout of medical cannabis in Alabama has been delayed repeatedly since the passage of the Darren Wesley “Ato” Hall Compassion Act in May 2021.
The law legalized medical cannabis for qualifying conditions, but ongoing legal challenges and licensing disputes have kept patients waiting for the relief the law intended to provide.
The Alabama Medical Cannabis Commission (AMCC), which is responsible for overseeing the licensing of cannabis businesses involved in cultivation, processing, dispensing, and transportation, has been embroiled in controversy.
Applicants have accused the commission of improper deliberations and violations of the state’s Open Meetings Act.
Disagreements over how the commission scored and ranked applicants, especially for “integrated facility” licenses, led to lawsuits and temporary restraining orders from a Montgomery County Circuit Court.
“For the many long-suffering patients in Alabama who have waited far too long for access to medical cannabis products, we are pleased with today’s decision from the Alabama Court of Civil Appeals,” said AMCC Director John McMillan in a media release.
The court’s ruling has also affected companies. Twisted Herb Cultivation, based in Greenville, was among the 21 applicants awarded a license in 2023.
However, the company’s license expired in December while legal disputes over the commission’s actions were ongoing.
Twisted Herb co-owner William McNeal declined to comment on the Supreme Court’s decision.
In March, the Alabama Court of Civil Appeals overturned the circuit court’s restraining orders, ruling that the lower court lacked jurisdiction and ordering the vacating of the restraining orders.
The appeals court emphasized that such legal disputes should be resolved through the AMCC’s administrative processes, not through the courts.
This decision allows the commission to proceed with licensing and administrative hearings.
The commission has already issued licenses for cultivation, processing, secure transportation, and state testing laboratories.
However, licensing for dispensaries and integrated facilities is still on hold due to a circuit court injunction preventing any further action until a final order is issued.
Chairman Rex Vaughn expressed optimism, stating, “Today we have hope for those patients—hope that we can proceed with our hearing process and get those products into their hands.”
Under Alabama’s medical cannabis program, registered physicians can recommend cannabis to patients diagnosed with conditions such as autism spectrum disorder, cancer-related pain, Crohn’s disease, epilepsy, HIV/AIDS-related nausea, Parkinson’s disease, PTSD, and more.
Approved products include tablets, capsules, tinctures, gels, transdermal patches, and inhalable oils.
However, smoking, vaping, and edibles are not allowed. While the AMCC works to resolve the licensing issues, Alabama patients continue to wait for access to medical cannabis.
The commission remains hopeful that the appeals court decision will mark a turning point in the program’s long-delayed implementation.
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