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According to reports, parents of prospective medical cannabis patients are suing Alabama’s Medical Cannabis Commission over delays in the implementation of the program before the deadline mandated in the law. Alabama Political Reporter. The lawsuit, filed by five parents, contends that the Darren Wesley “Ato” Hall Compassion Act, signed into law nearly five years ago, mandated the creation of a system to track qualified patients and caregivers, and used mandatory language requiring action by a specific deadline – giving the AMCC no discretion on timelines – but the state has not yet registered patients or caregivers.Â
The Commissioners failed to fulfill their ministerial, non-discretionary duty. You can also find out more about states. “Mandamus” is the only available remedy. Â
The lawsuit includes a snapshot of the years of disfunction at the AMCC – violations of the state’s Open Meetings Act and Alabama Administrative Procedure Act (AAPA) – calling them “egregious.”Â
“The Commissioners failure to set up a patient database with real patients delayed the availability for medical cannabis in patients as much as the Commissions refusal to comply with the Open Meetings Act, and AAPA.” — State of Alabama, ex rel. vs. Alabama Medical Cannabis CommissionÂ
According to the law, it was required that the Commission create a registry of patients and caregivers no later than September 1, 2022. For years, lawsuits have been filed against the AMCC. Only last week, Circuit Court of Montgomery County judges Unvalidated AMCC decided to apply an “emergency” rule to proceed with the licensing after the previous two attempts failed.Â
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