Alabama Marijuana Company Sues Medical Cannabis Commission Over Licensing Chaos, Seeks Program Overhaul As Patients Remain In Limbo

In the latest chapter of Alabama’s medical cannabis rollout saga, local cannabis company Alabama Always, LLC has filed a lawsuit against the Alabama Medical Cannabis Commission (AMCC), seeking a partial summary judgment and a permanent injunction. According to Alabama Political Reporter, the lawsuit accuses the AMCC of violating the Alabama Administrative Procedure Act (AAPA), citing numerous procedural failures that have derailed the state's medical cannabis program, leaving thousands of patients in limbo.

At the core of the legal battle are the Commission's controversial decisions on integrated license awards and denials in 2023. 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.

Key Allegations Against The AMCC

Alabama Always alleges that the AMCC’s reliance on an "investigative hearing" process 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.

In addition to these claims, the lawsuit 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.

Legal Delays Impact Patients And Businesses

The lawsuit isn’t just a bureaucratic battle; real lives are at stake. Patients in Alabama waiting for access to medical cannabis continue to suffer as the Commission's administrative failures drag on. 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.

Cover image made with AI