Alabama Medical Cannabis Grower Approaches First Harvest Amid Ongoing Litigation

Native Black Cultivation Nears First Harvest

Antoine Mordican, CEO of Native Black Cultivation and a medical cannabis cultivation license holder in Alabama, is on the verge of harvesting his first medical cannabis crop. Despite this milestone, ongoing delays in the state’s licensing process for dispensaries cast uncertainty over when the product will reach patients.

“My goal is to go ahead and get everything harvested, dry store it, get it tested, so I can know and understand the quality of the flower product that I do have, and just keep moving forward, keep expanding, keep growing,” Mordican said.

Delays in the Alabama Medical Cannabis Program

Three years after the Alabama Legislature approved the medical marijuana program in 2021, medical cannabis suppliers have yet to sell products. The Alabama Medical Cannabis Commission (AMCC) began accepting applications in late 2022 and initially issued licenses in June. However, these licenses were voided due to scoring inconsistencies and subsequently rescinded again in August amid a lawsuit over Open Meetings Act violations. New licensing rules were issued in October, and licenses were reissued in December, but litigation halted the process again in January for dispensaries and integrated facilities.

Impact of Litigation

The ongoing litigation has stalled the process, leaving cultivators like Mordican in limbo. Even if lawsuits are resolved soon, it could be months before legal medical cannabis is available in dispensaries.

Brittany Peters, spokesperson for AMCC, highlighted the challenges posed by the restraining order preventing dispensary licenses from being issued. “We do have cultivators who are preparing to harvest their first crops, and they are faced with the uncertainty of when that product can be sold to patients,” Peters said. She also noted that licenses for processors, secure transporters, and state testing laboratories have been issued and those operations are moving forward.

Legislative and Legal Challenges

Sen. Greg Albritton (R-Atmore) described the litigation over the commission’s licensing process as a “money pit” during a recent Contract Review Committee meeting. Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), mentioned that the timeline for resolving the litigation is unpredictable, referencing Georgia’s lengthy struggle to fully implement its medical cannabis program.

Patient Access and Product Regulations

When available, patients certified by participating physicians will be able to use medical cannabis for 15 conditions, including cancer, chronic pain, depression, and Parkinson’s Disease. Patients will need to apply for a card to obtain medical cannabis from licensed dispensaries. The law restricts cannabis forms to tablets, capsules, gelatins like gummies, oils, gels, creams, suppositories, transdermal patches, or inhalable oils or liquids. Only peach-flavored gummies are allowed.

Legislative Attempts to Address Delays

Attempts to address the ongoing litigation in the Legislature largely failed this year. The only medical cannabis bill sent to Gov. Kay Ivey was HB 390, which moves licensing powers for cultivators to the AMCC. Other bills, such as SB 276 and SB 306, which sought to increase the number of dispensary licenses and adjust the licensing process, stalled in the Senate.

Patient Advocacy and Future Outlook

Melissa Mullins, a patient advocate, urged allowing dispensaries to open while integrated facilities continue their legal battles. “Let the integrated facilities fight for the next 100,000 years for all I care, but let the other parts of the program proceed. Let’s get medication out to these patients while everybody else decides what they want to do, because that is possible,” Mullins said.

As Alabama’s first medical cannabis harvest approaches, the future availability of these products to patients remains uncertain, hinging on the resolution of ongoing legal and regulatory challenges.