“Petitioners…do not have standing to bring a claim individually related to the patient registry.”
By Alander Rocha, Alabama Reflector
A judge dismissed on Monday the lawsuit filed by parents who had children that could be eligible to receive medicinal cannabis and wanted to force state officials to establish a patient database.
In his order, Montgomery County Circuit Court Judge James Anderson stated that the plaintiffs did not have the right to file the lawsuit.
The plaintiffs, parents Dustin Chandler, Cristina Cain, Catherine Hall, Megan Jackson and Kari Forsyth, filed a lawsuit in April to direct “the State of Alabama to uphold the Compassion Act’s requirement that the commission establish a patient and caregiver registry and to secure performance by defendants of this duty owed to the public.”
The patient register will only be populated once the registry is filled with qualified patients. [Alabama Board of Medical Examiners] In the order of dismissal, it was stated that physicians are authorized to recommend and identify medical marijuana and provide all the information necessary regarding qualified patients.
Anderson’s order stated that plaintiffs were not the proper party to bring a lawsuit on behalf of Alabama, but that they would need the “participation of or consent from the Attorney General of Alabama.”
The order said that “Petitioners are unable to demonstrate standing in invoking the Court’s authority because they cannot initiate a mandamus proceeding in the name the State and they lack standing to make a personal claim relating to the Patient Registry.”
An email asking for comments was sent to the lawyer representing parents.
John McMillan of the Alabama Medical Cannabis Commission said that in a telephone interview on Thursday, he is pleased with the ruling. He added that the lawsuit could have easily been settled with “a simple phone call.”
We will not be able to issue licenses in the other categories until we receive them. [doctors] McMillan stated that patients cannot be certified and placed in a registry.
AMCC filed a motion for dismissal stating that it had established and maintained a registry of patients. According to the AMCC, it wasn’t populated because of a number of lawsuits brought by “disappointed” license applicants that caused delays as a result restraining order and injunctions.
AMCC stated that the delays made it impossible to issue licenses. These are prerequisites for certification by Board of Medical Examiners. The registration of patients is impossible without the certification of physicians.
BME certifying doctors to recommend medical cannabis is the responsibility of BME. However, physician certifications cannot be granted until AMCC has issued at least 1 license to an AMCC licensed cultivator, processer, transporter, and dispensary or integrated facility.
In response to the motion for dismissal, the petitioners countered by stating that the website of the Commission “expressly contradicts their claim” that a registry was functioning and “the Commission is the one who has been holding up the requirement from the Medical Board.”
The original publication of this story is Alabama Reflector.
Rawpixel, Philip Steffan and other photographers provided the images.