BIRMINGHAM, Ala. (WHNT) — Some who were granted medical cannabis licenses by the state will now have to start over.
In December 2023, the Alabama Medical Cannabis Commission awarded some licenses under an “emergency rule” used to proceed with the process. Now, the Circuit Court of Montgomery County has invalidated that rule, bringing many who had been previously given licenses back to square one.
While members of the commission argue that the latest setback is hurting patients, others believe it will set the record straight.
“That’s a public health crisis,” said Dr. Marshall Walker, a radiologist in Mobile. “So, in that sense, yes, it is an emergency. Because we do need to be protecting people of the state of Alabama.”
Walker said that the emergency is getting medical cannabis into the hands of those who need it. He said ongoing litigation is keeping him from helping patients.
“Will their lives end without cannabis? No, they will not end. They will probably be prolonged, and in great agony,” he said. “You know, preventable disease of that sort is sort of what I signed up to help prevent.”
The order invalidates licenses awarded by the commission for a third time. The commission said that same court originally allowed them to proceed with licensing in this way under an emergency rule.
“We have done everything we can legally do to address any concerns they have brought up,” AMCC Director John McMillan said. “And, that’s one of the reasons why we… awarded licenses three different times.”
But some who didn’t get a license said they didn’t get to contest their case- or prove why they deserved one.
“The only stunning thing is, it’s taken us two years to get to that process,” said Will Somerville, an attorney for Alabama Always, LLC. “It should’ve been done like this from the very beginning.”
Somerville said the court’s decision gives everyone a level playing field.
“It’s clear as black and white. That’s the law, and the commission and their lawyers ignored that. So, it was gonna happen no matter what.”
But McMillan said they have followed procedures and have addressed concerns throughout the process.
“We just continue to get these issues with litigation… some of these lawyers are pretty flexible with the truth,” he said.
As the AMCC determines its next steps. McMillian said no one was more “laser-focused” on getting medical marijuana into the hands of patients than the commission.
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