Judge May Let Alabama Cannabis Commission Vet License Awards

Alabama Judge Considers Modifying Restrictions on Medical Cannabis Commission Amid Licensing Disputes

A Montgomery County Circuit Court judge has signaled a potential modification of restrictions on the Alabama Medical Cannabis Commission (AMCC), which could allow further investigation into the controversial licensing process for medical cannabis production in the state. This comes amid an ongoing legal battle surrounding the issuance of licenses and allegations of procedural violations.

Judge Open to Amending Restrictions

On Tuesday, Judge James Anderson of Montgomery County Circuit Court expressed an openness to lifting some aspects of a temporary restraining order (TRO) on the AMCC, which would permit limited vetting of the cannabis license awards. During a nearly two-hour hearing, Anderson suggested that he might be inclined to “amend [the TRO] to allow some investigative things to go forward.” The judge’s comments marked a significant moment in a series of legal challenges that have stalled Alabama’s nascent medical cannabis program.

Anderson’s suggestion came as he reviewed motions related to the intervention of various parties and the ongoing role of the Alabama Agriculture Commissioner in the cannabis licensing process. In previous rulings, Anderson had ordered the AMCC and companies denied licenses to submit a joint proposal outlining how investigative hearings could proceed without issuing any new licenses.

Alabama’s Medical Cannabis Program in Limbo

Alabama’s medical cannabis program, approved by the state legislature in 2021, was designed to offer relief for patients suffering from a range of conditions, including chronic pain, cancer, and post-traumatic stress disorder (PTSD). However, the program has faced continuous setbacks due to lawsuits and disputes over the licensing process for cannabis cultivation, production, and distribution.

The AMCC first awarded licenses in June 2023, but the process was voided shortly after due to scoring inconsistencies in the evaluation of license applications. A second attempt to award licenses later that summer was also halted amid lawsuits accusing the commission of violating Alabama’s Open Meetings Act. The situation escalated in December 2023, when the commission once again attempted to distribute licenses, resulting in additional litigation and a halt to further progress.

Legal Battles Intensify Over Licensing Process

One of the key players in the ongoing legal dispute is Alabama Always, a company that was denied a license and has been heavily involved in challenging the AMCC’s decisions. Following Tuesday’s hearing, Will Somerville, an attorney representing Alabama Always, voiced concerns over Judge Anderson’s potential modification of the temporary restraining order.

“I didn’t hear the judge say he was inclined to allow the investigative hearings to move forward,” Somerville told reporters after the hearing. He went on to argue that the court should maintain the injunction, invalidate the December license awards in the integrated category, and halt the AMCC’s planned investigative hearings.

“What I would like for the judge to do is keep the injunction in place, make a ruling on invalidating the December license awards, and then institute a fair process to determine which companies are actually capable of complying with the requirements of the cannabis act,” Somerville said. He added that his team intends to file for summary judgment on the legalities surrounding the AMCC’s investigative process.

Concerns from Previously Licensed Companies

Another key voice in the litigation is Bryan Taylor, an attorney representing TheraTrue Alabama LLC. TheraTrue was granted licenses in the AMCC’s first two rounds of awards, but saw its licenses revoked during the third round, sparking further legal questions. Taylor indicated that their legal efforts are focused on understanding why the licenses were revoked in December.

“We’re seeking answers to what exactly happened in December,” Taylor said. “Why did all the licenses change? That’s a critical question that’s part of this lawsuit.” Taylor’s comments reflect growing frustration from companies that had initially received approval, only to be caught up in the ongoing legal quagmire.

Legislative Efforts to Resolve the Disputes

The Alabama Legislature has made attempts to resolve some of the issues surrounding the medical cannabis program, particularly during the last legislative session. However, many of these efforts have proven unsuccessful, with only a few changes enacted. One key adjustment was the transfer of licensing powers for cannabis cultivators from the Alabama Department of Agriculture and Industries to the AMCC.

Despite these changes, many challenges remain, and the future of Alabama’s medical cannabis program is still uncertain. The program was intended to provide critical treatment options for patients, but legal roadblocks continue to delay its full implementation.

Looking Forward

As the legal proceedings continue, the path forward for Alabama’s medical cannabis program remains unclear. Judge Anderson’s willingness to consider lifting some restrictions on the AMCC could open the door to further investigation, but the broader issue of how licenses are awarded—and how the process can be made transparent and fair—remains unresolved.

For now, both companies and patients are left in limbo, waiting to see whether the state’s medical cannabis program can move forward, or if further legal challenges will continue to delay its rollout. With more hearings and possible rulings ahead, the ongoing litigation will likely shape the future of medical cannabis in Alabama for years to come.