Alabama Cannabis Company Sues Medical Cannabis Commission
The Alabama medical cannabis program has been plagued by controversy since its inception. Now, local cannabis company Alabama Always, LLC has filed a lawsuit against the Alabama Medical Cannabis Commission (AMCC), alleging numerous procedural failures that have left the program in disarray.
The lawsuit, filed in November 2023, accuses the AMCC of violating the Alabama Administrative Procedure Act (AAPA) in its decisions on integrated license awards and denials. Alabama Always argues that these decisions were not only flawed but illegal, claiming the AMCC bypassed mandatory contested case hearings and violated its own blind scoring rules.
At the heart of the legal battle is the Commission's reliance on an "investigative hearing" process, which Alabama Always claims undermines transparency and due process. The company contends that the Commission's refusal to follow the AAPA and its insistence on continuing with its invalid hearing practices will only further delay the already troubled rollout of medical cannabis.
The lawsuit also targets the AMCC's adoption of an "emergency rule" in October 2023, which the plaintiff says was implemented without the required public notice or comment. According to Alabama Always, the rule was designed to fast-track the licensing process at the expense of transparency and accountability.
Attorney Will Somerville, representing Alabama Always, emphasized the Commission's failure to comply with state law. "They have never explained why some people got licenses and some didn't. Most egregiously to me, they didn't explain how they thought some people could do the job of producing medical cannabis while others couldn't," Somerville said, urging the court to force the AMCC to start fresh and adhere to legal requirements.
The lawsuit has far-reaching implications for patients in Alabama who are waiting for access to medical cannabis. The Commission's administrative failures have caused significant delays and uncertainty, leaving patients in limbo and suffering. Observers have criticized the AMCC for prioritizing self-preservation over fixing the flawed process.
As the legal process unfolds, Judge James H. Anderson will determine whether Alabama Always's motion will reset the entire licensing process, or if the AMCC will continue its current practices, further entrenching uncertainty for the patients and businesses involved.