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A circuit judge issued a temporary restraining order late Wednesday to stop the Alabama Medical Cannabis Commission from issuing licenses for integrated facilities.
MONTGOMERY, Ala. — Those who have been working to get medical cannabis here in Alabama feel a little bit frustrated after the latest round of legal action in the process to have medical marijuana here in the state was approved. “There definitely is litigation and a lot of it that’s going on in the courtroom right now and one of the main things that’s happening is that we’ve got a restraining order that’s placed on the dispensary, the individual dispensary license,” Chey Garrigan, Founding Director of Alabama Cannabis Industry Association shares. “The vertically integrated license, which was the license that you can say that Alabama did get right. So those are also being restrained right now, meaning that the judge is not issued the license. they may have been awarded, but they have not been issued yet.”
Also, a bill that gives the Alabama Medical Cannabis Commission more rights to regulate medical marijuana passed in the house and is headed to the senate.
HB390 will give the commission “primary responsibility” when regulating and licensing the drug. additionally, AMCC works with the Alabama Department of Agriculture and Industries to award distribution licenses.
Garrigan explains how all this has been affecting the process. “There’s been a lot of different changes so, it’s just you know, we’ve had about three different licensing choices throughout this period through almost about a nine-month period and so I would say that the guys that have applied have gotten a little bit, you know, probably a little bit of PTSD from it.”
Garrigan also explains the ultimate goal. “At this point, we really just want to do whatever we can do to get this product out to the patients,” Garrigan shares. “Because this was something that started in 2021 and we’re here in 2024 right now, and we do not have the first product on the shelf, nor at this point, the way things are, we don’t have a timeline as to when we know of, it’s going to be, actually, if they’re going to be able to do this any time soon. We don’t have any type of indication that that would happen soon without any type of legislative fix like we have right now.”
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A judge has temporarily blocked Alabama from issuing licenses to medical marijuana facilities amid an ongoing legal battle over how the state selected the winning companies.
Montgomery Circuit Judge James Anderson issued a temporary restraining order late Wednesday to stop the Alabama Medical Cannabis Commission from issuing licenses for “integrated” facilities that grow, transport and sell medical marijuana. The coveted licenses, which the commission planned to issue this month, will be on hold while he hears a challenge to the selection process.
Companies that were not selected to receive the licenses have challenged the selection process used by the commission.
Anderson said he is sympathetic to concerns about delaying the availability of medical marijuana but said a pause on the licenses is merited.
The restraining order is the latest development in a legal battle that has plagued the start of Alabama’s medical marijuana program. Alabama lawmakers voted to allow medical marijuana in the state in 2021. Commission officials are aiming to make the products available in 2024 after a series of delays.
“We remain determined and hopeful that the availability of medical cannabis products, recommended by certified physicians to qualified Alabama patients, is right around the corner,” Alabama Medical Cannabis Commission Director John McMillan said in a statement.
The Wednesday order only affects the licenses for the facilities that perform multiple functions from “seed to sale.” The judge last week put a hold on licenses for dispensaries in order to hear a similar challenge. The commission has issued licenses for growers, processors, transportation companies and laboratory testing.
The commission in December selected more than 20 companies to cultivate, process and sell medical marijuana in the state. Twenty-six companies have also requested hearings with the commission after their license applications were rejected.
