A lawmaker in Alabama introduced legislation to transfer some of the medical marijuana licensing powers from a commission at state level over to a consultant. This move comes after years of legal delays that prevented patients from obtaining cannabis products.
Tim Melson of Florence, who was a co-sponsor of the 2021 original medical marijuana bill, has filed Senate Bill 72 to resolve what he calls a frustration in the implementation process.
Melson stated that “it’s taking way too long to get the job done.” Alabama Daily News The awarding of licenses for integrated facilities is necessary to allow patients to access medical marijuana. You had one task, but you weren’t able to complete it. Let’s find someone who is.
According to the draft legislation, the bill requires that Alabama Medical Cannabis Commission hires a “nationally-recognized entity” who has offices in 15 or more states. This must be done by October. This consultant will then have to award licenses in the pool of original applicants that submitted their paperwork before Dec. 31 2022.
A population increase since 2021’s law has been enacted is cited as a reason for the proposed expansion of integrated facilities from five to seven. These licenses are for both medical marijuana cultivation and sale.
WBRC TV reports that sources in the industry expressed doubts about some parts of the legislation, notably provisions requiring the Alabama Medical Cannabis Commission to make license refusals “final, conclusive”, and expediting appeals straight to the Supreme Court. The station also reported that multiple companies involved with the cannabis industry in the state expressed concerns over the continued involvement of the same people overseeing licensing.
John McMillan said that officials were reviewing the bill, but they indicated an early support of measures that could end the current impasse.
McMillan stated that “the commission’s focus is on getting the licenses issued, getting up this program and getting medication to patients.” Alabama Daily News. There are only two options, in my opinion, to solve this problem: the court system or the legislature.
Inconsistencies in the scoring, concerns about transparency and litigation continue to slow down implementation. Melson’s legislation, which he filed in the spring of last year, and previous attempts to restart this program failed to get beyond committee.
The bill by Melson highlights the increasing legislative frustration with the delays, which has left qualified patients without access to legal medical marijuana two years after it was first legalized.
It would retroactively apply to several pending lawsuits at Montgomery Circuit Court where an retired judge currently mediates complaints from license applicants claiming flaws and violations in the commission’s review process.