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Alabama’s journey towards a fully operational medical cannabis program has been fraught with delays, legal battles and regulatory challenges.
The Alabama Medical Cannabis Commission (AMCC), which is at the center of these developments, recently convened on August 8, 2024 to address the ongoing issues that have hindered the program’s progress.
Alabama’s Medical Cannabis Program Awards 2 Cultivating License
Local news reported the major outcome of the August session was that the AMCC announced that it granted additional cultivator licenses following the completion of recent hearings.
As such, the new licenses will go to Blackberry Farms, LLC and Pure by Sirmon Farms, LLC after the investigative hearings.
In addition, Amanda Taylor of Patients Coalition for Medical Cannabis Alabama shared her personal journey dealing with illness and treatment with medical marijuana.
The patient advocate said she is currently fighting seven debilitating health conditions, including multiple sclerosis.
Amanda Taylor has championed for patient access to medical marijuana in through education to inform of the medicinal benefits of cannabis in Alabama.
Alabama’s Medical Cannabis Oversight Shifts: Cultivators Now Under Department of Agriculture
In a past July meeting, one of the primary topics discussed at the meeting was the shift in regulatory authority over cannabis cultivation.
Initially, Alabama’s medical cannabis law (AL SB46), passed in 2021, stipulated that the Alabama Department of Agriculture and Industries would oversee the licensing and regulation of cannabis cultivation.
However, this arrangement was challenged, leading to a shift in responsibilities. A key piece of legislation, HB 390, sponsored by Rep. Danny Crawford, R-Athens, moved these licensing powers from the Department of Agriculture to the AMCC.
At that July session, Rex Vaughn, chair of the AMCC, explained the reasoning behind this transfer of duties, citing that the Department of Agriculture had requested to withdraw from its responsibilities.
The commission is now tasked with aligning its regulatory rules to reflect this change, which has been a source of contention in ongoing litigation.
The legal landscape surrounding Alabama’s medical cannabis program has been complex, with lawsuits filed by companies that were denied licenses.
These companies argue that Rick Pate, the commissioner of the Alabama Department of Agriculture and Industries, unlawfully abdicated his statutory duty by failing to establish a memorandum of understanding with the AMCC regarding regulatory and licensing authority over cultivation.
This memorandum, required by the original law, was never created, leading to further legal disputes.
As the AMCC works to resolve these issues, the Department of Agriculture and Industries will continue to manage cultivator licenses until new regulations are finalized.
The proposed regulations will soon be submitted to the Legislative Council Agency, after which the public will have 35 days to provide comments.
The delays and legal challenges have been a source of frustration for many involved in Alabama’s medical cannabis industry.
Nearly a year after the AMCC was expected to issue its first licenses, patients in Alabama are still waiting for access to medical cannabis products.
Joey Robertson of Wagon Trail Med-Serve, one of the companies awarded a vertically integrated medical marijuana business license in January 2024, has expressed his frustration over the repeated delays, which have been exacerbated by lawsuits and restraining orders.
In summary, Alabama’s medical cannabis program has faced significant hurdles due to legal disputes and shifts in regulatory authority.
As the AMCC works to finalize new regulations and address ongoing litigation, stakeholders in the state’s medical cannabis industry remain hopeful that these challenges will soon be resolved, allowing patients to finally access the treatments via medical marijuana cards they need.
