Alabama Companies Urge Court to Allow Medical Marijuana Operations to Start

Several companies in Alabama that were awarded medical marijuana licenses are asking a judge to let them begin their operations to provide much-needed cannabis products to patients. The Alabama Medical Cannabis Commission (AMCC) and these companies are waiting on a court decision to resume their work.

A judge in Montgomery County, James Anderson, will hold a hearing on Tuesday to discuss these requests. This is part of an ongoing lawsuit involving more than a dozen companies that are competing for a limited number of medical marijuana licenses in the state.

Alabama’s journey to legalize medical marijuana began over three years ago when the state became the 36th in the U.S. to pass such a law. This law, known as the Compassion Act, established the AMCC to manage the state’s medical cannabis industry, overseeing everything from growing the plants to selling the final products.

Since June 2023, the AMCC has attempted three times to issue licenses, but the process has been halted each time due to lawsuits and challenges. These legal delays are frustrating for thousands of patients who need medical cannabis to relieve pain and other severe symptoms.

In their motion to the court, the AMCC’s lawyers emphasized that medical cannabis is crucial for improving the quality of life for many patients. They are asking the judge to lift or change a temporary restraining order from July 11, which is currently blocking the licensing process.

Three companies that received licenses but are blocked by the restraining order are supporting the AMCC’s request. They have also filed motions asking the judge to allow them to begin their operations.

The Compassion Act, passed in 2021, allows companies to produce various medical marijuana products such as gummies, tablets, and oils. Patients who receive a recommendation from a certified doctor can get a medical cannabis card, which will allow them to purchase these products at licensed dispensaries.

However, the production of these medications is currently on hold due to the legal issues.

The AMCC has issued licenses to several groups, including cultivators, processors, and a state testing lab. Cultivators have already started growing the plants, but licenses for integrated companies—which will handle everything from cultivation to dispensing—are on hold. Only five integrated licenses can be issued by law, and the AMCC awarded these on December 12. However, due to the court order, these licenses have not been issued.

One of the companies, Flowerwood Medical Cannabis, has asked the court to allow the licensing process to continue, stating that it’s essential to protect the interests of all involved, especially the citizens of Alabama who need access to medical cannabis.

The competition for these integrated licenses has led to most of the legal battles. Alabama Always, a company that was denied an integrated license, has sued the AMCC multiple times. They argue that the AMCC did not follow proper procedures in awarding the licenses and claim to have invested around $5 million in building a facility in Montgomery.

Judge Anderson, in his ruling on July 11, acknowledged the public’s need for medical cannabis but noted that the licensing process is still under legal dispute. Sustainable Alabama, another company that was selected for a license in all three rounds of awards, is also urging the court to allow the process to move forward. They warn that continued delays could force them to abandon the project due to mounting financial losses.

Without a resolution, the legal battle is expected to continue, further delaying the availability of medical marijuana in Alabama.