Plaintiffs have also brought this petition as individuals because they are seeking to assert their rights and claim damages for specific injuries that resulted from the failure of the Commissioner to create the Patient and Caregiver Registry.
By Alander Rocha, Alabama Reflector
The judge is scheduled to hold an hearing in the middle of this month on a suit filed by parents whose children may be eligible for medical cannabis as part of Alabama’s much-delayed program.
The five parents—Dustin Chandler, Cristina Cain, Catherine Hall, Megan Jackson and Kari Forsyth—want the court to require the Alabama Medical Cannabis Commission (AMCC) to establish a patient registry for medical cannabis, citing delays in access to the program.
The parents filed a lawsuit claiming that they also brought the petition “in their individual capacity because of specific injuries suffered as a consequence of the Commissioner’s failure to create the patient and caretaker registry, and sought to vindicate [their] own private rights.” In addition, they are suing in the state of Alabama for the Compassion Act.
In a motion for dismissal filed in May, the commission claimed that the suit lacked standing. It also asked the AMCC not to do anything it had already done or was unable to control.
The Commission is pleased with the efforts of early supporters of passage by the petitioners. [Compassion Act]. In the AMCC motion, counsel wrote: “It appears Petitioners are misinformed regarding the Patient Registry’s status and why there have not been any names added to it yet.”
In their complaint, the plaintiffs stated that “each child has a medical condition that can be treated with cannabis”, but did not give any more details.
In the AMCC motion, it is stated that an actual patient database has been created and maintained, at considerable expense. According to the motion for dismissal, there are no registered patients because doctors cannot be certified until they meet certain licensing requirements.
The AMCC filed a document stating that the Alabama Board of Medical Examiners’ (BME) rules dictated that if a physician is certified, they must have at least one license for each of the categories of licensing or one integrated facility.
AMCC said that the BME was not a part of this lawsuit and it had no influence over the Commission’s rules or restrictions.
This hearing will be held on 26th June.
The original publication of this story is Alabama Reflector.
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Mike Latimer is the photographer.