Court Reschedules Alabama Medical Marijuana Licensing Hearing as Legal Drama Continues

Key Points
  • The Alabama Court of Civil Appeals will hear arguments on February 11 regarding Montgomery Circuit Court Judge James Anderson's temporary restraining order against the Alabama Medical Cannabis Commission (AMCC).
  • Alabama's medical marijuana program, established in 2021, allows individuals with qualifying medical conditions to become legal medical marijuana patients, but limits allowable forms to tablets, capsules, oils, creams, patches, and inhalable liquids.
  • Delays in the program's rollout have occurred due to disputes over the licensing process, with two rounds of licenses being revoked and a third round blocked by Judge Anderson.
  • Judge Anderson ordered the AMCC and denied applicants to develop a joint plan for investigative hearings on license awards, preventing any licenses from being issued.

During the February 11 hearing, the Alabama Court of Civil Appeals will hear arguments over Montgomery Circuit Court Judge James Anderson’s temporary restraining order against the Alabama Medical Cannabis Commission (AMCC). No reason for the delay was provided by the court.

Alabama’s medical marijuana program was established by state lawmakers in 2021, allowing individuals with 15 qualifying medical conditions—including cancer, PTSD, chronic pain, and terminal illnesses—to become a legal medical marijuana patient, if they receive a recommendation from a physician. However, the law limits allowable forms to tablets, capsules, oils, creams, patches, and inhalable liquids. Smoking and edibles are prohibited, though gummies are permitted in peach flavor only. The program’s rollout has faced repeated delays due to disputes over the licensing process. In 2023, the first round of licenses was revoked following concerns about inconsistent scoring. A second round was voided after a lawsuit alleged the AMCC violated the Open Meetings Act.

In January, Judge Anderson blocked a third round of licensing, citing unresolved legal issues tied to the previous rounds. Last July, Anderson ordered the AMCC and denied applicants to develop a joint plan for investigative hearings on license awards, barring any licenses from being issued in the meantime.

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