Alabama’s situation regarding its yet-to be-launched Medical Cannabis Program has become even worse.
After Governor Kay Ivey enacted Senate Bill 46 in law, in 2021, medical cannabis became legal in the state. Alabama Medical Cannabis Commission started accepting license applications in 2022.
The program’s launch has been delayed by various revisions, pauses and lawsuits related to licenses.
AMCC abandoned its first two round of awarding licenses. And in a new twist, in December of 202023, a judge in the state has now revoked all permits awarded under the third round. This means the process must be restarted – again.
The patient and caregiver register is still not accepting registrations, even though the system was supposed to be fully operational at the start of September 2022. As of the date this was written, AMCC web site states:
“The Alabama medical marijuana program is currently under development. It is not yet registering any patients or caregivers.”
The group, which includes parents with children who suffer from medical conditions that can be helped by using cannabis as a medicine, has now taken action. filed a lawsuit A writ mandamus is issued to take control of the situation. A court order is called a writ mandamus and it forces an official of the government to complete a legally mandated duty.
In the lawsuit, Darren Wesley “Ato” Hall Compassion Act It was mandated that the Commission “begin, use and maintain an effective system for tracking all aspects of qualification by patients no later than September 1st 2022.”
In the lawsuit, the Commission is accused of failing to adhere to numerous laws when administering the program and delaying the development.
The failure of the Commissioners to create a registry that includes actual patients, has delayed availability of medical cannabis for patients as much as their refusal to adhere to the Open Meetings Act or the AAPA.
Alabama Administrative Procedures Act (AAPA)
The parents’ action has been filed in Montgomery County Circuit Court – further commentary has been published on Alabama Political Reporter.