Alabama lawmakers green-lighted the medical marijuana program in 2021, but litigation over licenses caused delays in license allocation, leaving patients in need of the plant on standby for three years.
"This delay is not just an administrative failure but a critical issue impacting the health and well-being of countless individuals in our state." That's according to Alabama State Sen. Merika Coleman represents Senate District 19 and other cannabis activists and advocates, who remain tireless in their fight for the launch of the medical cannabis market.
In his op-ed published in Alabama Political Reporter, Sen. Coleman, whose father – "a real-life American hero, a wheelchair-bound disabled veteran who fought in Desert Storm I -needs medical cannabis to alleviate chronic pain, asked the Alabama Medical Cannabis Commission (AMCC) that was supposed to be awarded licenses by the end of 2023, or at the latest 2024, "what went wrong?"
He listed four critical issues that AMCC needs to address as it "failed to suffer Alabamians," including:
- The commission didn't follow Alabama Code 20-2A-50's guidelines;
- The applicants were not aware that the system used by AMCC could not accept application materials that exceeded 10MB;
- Applicants were approved to advance through the licensing process regardless of the initial pass/fail criteria; and
- AMCC allegedly breached Alabama’s Open Meetings Act during one of its three attempts to issue licenses by entering into an executive session to evaluate businesses before granting rights.
"These issues have led to a protracted judicial process, including multiple hearings and temporary restraining orders," Coleman wrote. "Applicants are now demanding transparency and accountability, seeking discovery to uncover the commission's operational shortcomings."
Read Also: Will Alabama Governor Answer The Call? Coalition Urges Special Session To Amend Medical Marijuana Laws
Cannabis Advocates And Activists Seek To End The Legal Saga
That said, cannabis advocates and activists are not sitting on one's hands either. The Patients Coalition for Medical Cannabis Alabama gathered on Thursday in Daphne at the Southern Cancer Center to urge the parties behind the lawsuits that are an obstacle to the statewide distribution of medical cannabis.
"It's a valuable drug," Dr. Michael Meshad, Medical Oncologist at Southern Cancer Center, said as reported by WKRG. "It needs to be available, regulated, and reliable. And right now, we're having to get patients to get it off the street, which is unacceptable."
Amanda Taylor, the director of Patients Coalition for Medical Cannabis Alabama, seconded Meshad. "I'm here today, pleading with people to withdraw lawsuits that are preventing patients from receiving medication because of corporate greed," Taylor said.
So far, the AMCC managed to award, but not issue licenses to businesses that have applied to enter the state's medical market.
In December 2023, the Alabama cannabis regulator awarded 20 medical cannabis licenses for the production, distribution, dispensing and testing of medical marijuana (MMJ), as well as five of the most coveted permits – the integrated facility licenses, which allow for vertical integration statewide.
However, subsequent restraining orders issued by Judge Anderson prevent the Alabama Medical Cannabis Commission (AMCC) from issuing licenses.
In July, Judge James Anderson who has been overseeing the case for years now, let the commission to advance with its investigative hearings.
In the meantime, the state legislature has separately attempted to streamline the licensing process. HB390 from Danny Crawford (R) was enacted into law earlier this year. It seeks to clarify confusion related to the AMCC working with the Alabama Department of Agriculture and Industries (ADAI) on awarding distribution licenses.
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