Latest news with #AlabamaMedicalCannabisCommission
Yahoo
25-04-2025
- Politics
- Yahoo
More battles ahead over medical cannabis licenses in Alabama
HUNTSVILLE, Ala. (WHNT) — It has been nearly four years since Governor Kay Ivey signed a measure legalizing medical cannabis in Alabama, but medical cannabis is still not available in cannabis business license selection process, overseen by the Alabama Medical Cannabis Commission, was marked by scoring errors and revotes, and when the final awards were announced, lawsuits followed. 'You'll hear it directly from me': Despite reports, Tuberville remains non-committal regarding run for governor This week, a Montgomery County Circuit Court judge issued an order Monday that freezes awards of integrated facility licenses, which cover every step of the medical cannabis process. The court's ruling found the Alabama Medical Cannabis Commission's use of an 'emergency rule' to issue licenses was invalid and its actions other than declaring an emergency were not consistent with a declared emergency. The Alabama Medical Cannabis Commission was sharply critical of the court's order. 'The circuit court entered injunctions that have completely stalled the Commission's licensing process for the past 16 months,' the AMCC said. 'Now that the appellate court has thrown out those injunctions, the circuit court, in a ruling that could have been made at any point during that 16-month stall, has substituted its judgment for that of the Commission and declared invalid a patient-driven Commission rule that was adopted 18 months ago.' News 19 spoke to parties on both sides of the ongoing debate, and despite the continued court battles, they expressed optimism there is now a path in place to get final approval for medical cannabis license approvals. Alabama executes a man who said he was guilty of rape and murder and deserved to die Joey Robertson, the president and CEO of Wagon Trail MedServe in Cullman, said he's concerned the delays will continue to hurt Alabama patients. Robertson's company was awarded an integrated facility license, which covers everything from cultivation to dispensing. He is frustrated by the Montgomery County court's ruling. 'The biggest loser in this right now are the patients in Alabama,' he said. 'They have been looking for relief, they've been sick for years. They've been looking for this relief, they've fought for this relief for years, and here we are tied up in court, unfortunately. This is not a case of who's qualified and who's not qualified at this point. The commission has picked good candidates to run this program for the state of Alabama. The problem is the people who were told 'no' will not accept it.' Will Somerville, an attorney for Alabama Always, a company challenging the commission's integrated facility licensing awards process, said the delays are due to the actions of Alabama regulators, not the lawsuits. 'The reason medical marijuana is not available in Alabama is the Alabama Medical Cannabis Commission did not follow the law, the Administrative Procedure Act, refused to explain why it made any licensing decisions so far, which is an absolute denial of due process.'Somerville said one day soon, the commission will have to hold a contested case process, during which license award winners and those seeking a license will argue their company's merits and challenge their competitors.'You've got to demonstrate you can commence cultivation within 60 days, you've got a $2 million bond, you're adequately capitalized so that you can survive for two years without having any income,' he said. 'You would have an administrative law judge appointed, to hear all the applications, hear all the applicants on how they can satisfy the significant, substantive requirements in the Compassion Act.' Robertson said he's optimistic about getting medical cannabis to patients soon'We're going to go to the appellate court, this is going to be overturned shortly, the appellate court has moved quicker on a lot of these issues than they have on some others,' he said. 'I think they've made their case time and time again, that the process is not complete. So I would say my optimism is on level 10, that we will be able to get patients' medicine this year.' The Alabama Medical Cannabis Commission said it has plans to move forward. 'In reality, today, at least three licensed medical cannabis cultivators are growing cannabis in Alabama. The Commission, still focused on patient needs, will continue to work tirelessly to see that at least one dispensary license is issued as soon as possible.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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.
