Alabama’s Medical Marijuana Program: Who Takes The Cultivators?

The Alabama Medical Cannabis Commission (AMCC) met on Thursday, July 11, 2024, to address the ongoing legal challenges and administrative updates impacting the state’s medical cannabis program.

Alabama’s Medical Marijuana Cannabis Program: Should the cultivators stay under the AMCC or be regulated by the Department of Agriculture?

The meeting, focused on procedural matters and provided updates on the litigation that has significantly delayed the program’s progress.

The commission also discussed aligning regulatory rules with HB 390, sponsored by Rep. Danny Crawford, R-Athens.

This bill shifted the licensing powers for cultivators from the Department of Agriculture and Industries to the AMCC.

Rex Vaughn, chair of the AMCC, explained, “We’re handling some housekeeping measures to address the responsibilities that the Alabama Department of Agriculture and Industries had asked to withdraw from, transferring those duties back to the commission.”

In an amended lawsuit filed in March, Rick Pate, the commissioner of the Alabama Department of Agriculture and Industries, was named as a defendant.

The plaintiffs, medical cannabis companies that were denied licenses, argue that Pate “unlawfully abdicated his statutory duty to exercise decision-making authority over the cultivation aspects of integrated facility applicants.”

The Alabamas medical cannabis law AL SB46, initially passed in 2021, stipulated that the Department of Agriculture and Industries would license and regulate cannabis cultivation.

It also required a memorandum of understanding between the commission and the department regarding regulatory and licensing authority over cultivation.

The lawsuit alleges that this memorandum was never established.

The law has since been amended to state that the “commission may seek and shall receive the cooperation of the Department of Agriculture and Industries.”

The proposed regulations will now be submitted to the Legislative Council Agency.

Once published, the public will have 35 days to provide comments.

According to Brittany Peters, an AMCC spokesperson, the Department of Agriculture and Industries will retain responsibility for cultivator licenses until the new regulations are approved.

Pate has requested the court dismiss the claims against him in his official capacity, but the court has not yet made a decision.

Alabama’s Medical Marijuana Cannabis Program: Brief Background of the last 3 years

AL’s medical marijuana program, approved by the Legislature in 2021, allows certified patients to use medical cannabis for 15 qualified medical conditions, including cancer and chronic pain.

In order to access Alabama Medical Dispensaries patients must first have been approved by AL physcain license to certify for cannabis and have received their  med card from the AMCC.

Alabama law prohibits smoking or consuming cannabis in food, offering it instead in forms like tablets, oils, creams, and peach-flavored gummies.

If you’re wondering how to get a medical marijuana card in Alabama, our guide provides all the necessary steps and requirements.

The AMCC began accepting applications in late 2022, but the licensing process faced delays due to scoring inconsistencies in June and administrative issues in August 2023.

Despite new rules issued in October and another round of licenses in December, litigation halted the process again in January.

We discuss the details, in are article published December of 2023, titled, Alabama is set to lift the pause on its cannabis program and start issuing marijuana licenses in December.

The program remains stalled due to a temporary stay on dispensary and integrated facility licenses.

“Every day we draw closer to seeing the light at the end of the tunnel with litigation. We cannot make courts move any quicker than they are, but we are committed to addressing these challenges as transparently and proactively as possible,” Vaughn said after the meeting.

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