Legal challenges over which companies can enter Alabama’s medical marijuana industry could further delay the launch of such products in the state.
On June 12, the Alabama Medical Cannabis Commission awarded 21 licenses to companies applying to participate in the state’s medical marijuana program. Those 21 were chosen from a pool of 90 applicants. But some companies that didn’t receive licenses have challenged the commission’s decision process. A lawsuit filed June 22 asked for a temporary restraining order on the licensing, AL.com reported, which was granted June 23 by Judge James Anderson of Montgomery County Circuit Court.
The commission had previously acknowledged the issues over licensing, suspending the process June 16 over “potential inconsistencies” in how applicants were scored.
Earlier this year, three companies sued the commission claiming the logistics of its online portal led to the denial of their license applications, Alabama Daily News reported. The more recent legal challenge takes issue with the commission’s use of third-party evaluators to score license applications, and with the commission’s use of executive sessions to make significant decisions, rather than meetings open to the public.
64 cities, counties open to dispensaries
The state’s medical cannabis bill was approved by Alabama lawmakers and signed into law by Gov. Kay Ivey in 2021. Along with providing protections to certain patients with a qualifying condition for the medical use of cannabis, the law also established the commission to grant licenses related to the production, processing, transportation and sale of medical marijuana.
Greg Davis is president and CEO of Alabama Citizens Action Program, which has encouraged Alabamians to speak out against bringing medical marijuana into their communities. “ALCAP isn’t opposed to helping those suffering with serious health issues,” Davis said. But he also said he thinks this law was more about maximizing profits, and he’s not surprised by the recent lawsuit.
“There is a lot of money at stake here. So that naturally brings greed and corruption,” he said. “I truly believe that the marijuana industry will in time grow to dominate Alabama politics.”
Davis anticipates that Alabama lawmakers will eventually vote on legalizing recreational marijuana, noting the industry is likely to grow financially and support political candidates who promote its legalization.
“That’s exactly what they’ve done in other states, so why wouldn’t it happen here?” he said, adding that while Alabama’s medical marijuana law improves on legislation passed in other states, it progresses the normalization of marijuana. “When you normalize something, then it’s legalized,” he said. “That’s what will happen here.”
Davis noted the program is starting with 37 dispensaries across the state, but the commission has said that number could increase as demand grows. Under the law, a dispensary cannot operate in a location that hasn’t opted into the program. According to the commission’s website, 64 counties and municipalities have authorized the operation of dispensing sites within their boundaries.
Medical cannabis products were expected to be available late this year or in early 2024, but commission leaders have said lawsuits could delay the process.
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