Latest news with #AlabamaAlways
Yahoo
10-03-2025
- Business
- Yahoo
Court ruling allows Alabama medical cannabis licensing to proceed
Alabama Medical Cannabis Commission Chair Rex Vaughn talks to an AMCC lawyer during a meeting in Montgomery on Dec. 12, 2023. The Alabama Court of Civil Appeals on Friday morning overturned a lower court's ruling blocking the medical cannabis licensing, ruling the court lacked jurisdiction.(Alander Rocha/Alabama Reflector) The Alabama Court of Civil Appeals on Friday overturned a temporary restraining order (TRO) that had blocked the Alabama Medical Cannabis Commission (AMCC) from issuing business licenses for medical marijuana production for nearly two years. In a unanimous ruling, the justices rule that the Montgomery County Circuit Court lacked jurisdiction when it issued a stay in favor of Alabama Always, a company seeking a medical cannabis license, and dismissed the case, directing the lower court to vacate the TRO, according to the court order. 'Unless and until the AMCC and the commissioners are allowed to proceed, it remains speculative as to whether … they will impair or threaten to impair the procedural right of Alabama Always to a contested-case hearing,' the opinion said. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The decision supports the AMCC's position that its licensing decisions are not final until an investigative hearing process is completed. According to the commission, a final order will be issued once the hearings conclude, and it could then be subject to a lawsuit. 'On behalf of the many long-suffering patients in Alabama who have waited far too long for access to the benefits of medical cannabis products, we are pleased with today's decision,' said AMCC Director John McMillan in a statement. 'We are hopeful that this decision will remove the obstacles that have prevented the Commission from completing the licensing process and doing the work the law charged it to do.' Alabama Always sought a license to run an integrated facility — one that grows, processes and distributes marijuana — but was denied three times. The firm filed multiple lawsuits challenging the commission's procedures. Will Somerville, an attorney representing the company, said in a phone interview Friday morning that the appellate court's ruling was a victory despite the dismissal. 'They really gave us what we want,' Somerville said. 'We've been asking for an order requiring the commission to follow the Administrative Procedure Act (APA), and the court just said that the provisions of the APA apply here, whether the commission has adopted rules compliant with them or not.' Under the APA, companies denied licenses are entitled to a hearing where they can challenge the commission's decisions and present evidence before an administrative law judge. Somerville said the ruling means companies like Alabama Always can now formally contest the awarding of licenses. 'As a practical matter, you're going to have 17 or 18 different companies suing each other in an administrative process,' he said, describing the likely next steps. Somerville said that the process in large similar cases may involve renting a hotel conference room for about three weeks to hold hearings before an administrative law judge. Parties would gather around a large table, and the proceeding functions much like a trial. Witnesses would be called and cross-examined, and counsel would make arguments and present evidence. The administrative law judge could then issue a decision based on the evidence, including formal findings of fact and conclusions of law. The ruling clarifies that applicants who were denied licenses or were awarded licenses on Dec. 12, 2023, can now initiate contested case proceedings. According to Somerville, these proceedings will involve discovery, depositions, and site inspections of other applicants' facilities. 'This is the process that should have been followed from the beginning,' Somerville said. 'We've been asking for this for a year and a half.' The AMCC has already issued licenses in the cultivator, processor, secure transporter and state testing laboratory categories but has been blocked from moving forward with dispensary and integrated facility licenses due to ongoing litigation. Commission Chairman Rex Vaughn expressed optimism that the ruling would expedite patient access to medical cannabis. 'Today, we have hope for those patients — hope that we can proceed with our hearing process and get those products into their hands,' Vaughn said. Alabama's medical cannabis law, which passed in 2021, allows registered physicians to recommend cannabis for patients with qualifying conditions, including cancer-related pain, epilepsy, PTSD, and chronic pain. Approved products include tablets, tinctures, patches, oils, and gummies only in peach flavor, but raw plant material and smokable forms remain prohibited. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-03-2025
- Business
- Yahoo
Courts pave way for medical cannabis to launch in Alabama
BIRMINGHAM, Ala. (WIAT) — A temporary restraining order has kept the Alabama Medical Cannabis Commission from moving forward in its licensing process. On Friday, the Alabama Court of Civil Appeals decided that the TRO is invalid. Some see this as a light at the end of the tunnel for patients who need the medicine. 'We're finally gonna be able to break the dam that has been the legal process,' said Joey Robertson, CEO of Wagon Trail Med-Serv. Robertson was awarded an integrated license. He said he has been waiting to open his dispensaries- a secure place where patients can go and get medicine they need, like a pharmacy. But, an ongoing court battle has held him back. 'It's been tough. But, at the same time, it's worth it,' he said. 'We know that we are ready to get started. We know that we can immediately get in the market and help patients. So, the fight's been worth it for us.' That fight started over a year ago when companies sued the Medical Cannabis Commission. One company, Alabama Always, said that the commission awarded licenses without following procedures. But, now that a temporary restraining order has been lifted, the commission said they can proceed. 'You got timelines in there for appeals, or reconsiderations and all of those legal, jargon things,' Commission Director John McMillan said. 'But, yeah, we're encouraged that this does put us in a position to do exactly what we've been trying to do- and prepared to do- for about fifteen, sixteen months now.' That position includes holding investigatory hearings for applicants who didn't get a license. This allows companies like Alabama Always to prove why they deserve a license to sell medical marijuana. Will Somerville, attorney for Alabama Always, said the ruling is a win in his eyes. 'They gave us what we wanted to hear in terms of fixing the process,' he said. 'They made clear there's no question the Alabama Administrative Procedures Act applies to this process. And, it has to be followed going forward. And that's what we've been asking for, for a year and half.' Somerville said he will engage in a fair process- even if Alabama Always doesn't get a license in the end. 'We've always said that we can't guarantee that Alabama Always will get a license. But, we've always said that we do believe that in a fair process, we have as good- or better chance- than most,' he said. McMillan said the commission will do whatever they can to expedite the process. 'We're just grateful that finally, the patients, doctors, and everybody else involved in this whole thing- including the commission- will hopefully have the opportunity to finally move forward,' he said. Next, McMillan said there's a hearing in the Circuit Court on April 17. He said it could only be at least a few months before licenses are finalized. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-03-2025
- Health
- Yahoo
Alabama Medical Cannabis Commission talks solutions to gridlock in court system
MONTGOMERY, Ala. (WIAT) — John McMillan is the director of the Alabama Medical Cannabis Commission. He said a stalemate in the court system is keeping it from moving forward and putting medicine in the hands of patients. Now, McMillan said it's up to the judges or the legislature to take action. 'I went from less than 100 pounds, barely able to work or do anything … to flourishing,' said Amanda Taylor, an advocate for medical cannabis patients. Taylor said medical marijuana saved her life, and there are other patients just like her. 'I have a ton of my own stories,' Taylor said. 'But I'm ready for Alabamians to be able to share theirs.' New collection of short stories, essays from Alabama icon Harper Lee to be released this fall A legal battle, however, has kept the medicine out of their hands, according to McMillan. People sued the commission after they weren't given a license to sell medical marijuana. 'A lot of that has to do with the fact that there are a limited number of licenses,' McMillan said. 'In the integrated category, for example, where most of the litigation stems from, there are five licenses and 38 applicants for those. So everybody can't get a license.' McMillan said the solution to the problem is the courts lifting a temporary restraining order or the legislature passing a bill to revise the licensing process. He said the commission is not taking a position on any legislation. 'We've got cultivators that are growing cannabis right now and very successfully,' McMillan said. 'But you can only do that for some abbreviated period of time if you don't have some sort of revenue coming in, so the program needs to get going.' Will Somerville represents Alabama Always, a company suing the commission. He said the commission hasn't followed the law when awarding licenses. 'What the commission wants to do is force everybody through its flawed, invalid process, and then have them challenge the process on the back end,' Somerville said. 'Well, the problem is anybody who gets license under the flawed process is going to be challenged on the back end.' McMillan said he just wants to get medicine to patients. 'We've tried to address every demand that some of the litigants have told us that they would be satisfied,' McMillan said. ''If we just did this or did that,' and then as soon as they don't get a license in the next round, [we're] right back to court again.' McMillan said it's had oral arguments before the Alabama Court of Civil Appeals. He said it is waiting on that decision and have another hearing in circuit court April 17. McMillan said he doesn't know when the commission will be able to move forward. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
