Alabama medical cannabis applicants now get a say after process stalls for third time
Published 11:49 am Tuesday, October 17, 2023
MONTGOMERY — For the third time this year, licenses for medical marijuana in Alabama are on hold as applicants will now be able to present their cases to the group tasked with issuing them.
The Alabama Medical Cannabis Commission revised its procedures at its Oct. 12 meeting in an effort to mitigate court actions after discussions with parties involved in litigation.
“While these discussions have not resulted in a proposed agreement, they have helped clarify the parties’ positions and identified concerns that need to be addressed for the licensing process to continue,” said Mark Wilkerson, attorney for AMCC. “We understand that the proposed changes will not satisfy all parties, but we have considered all available options in order to resume the licensing process in an expeditious manner.”
According to a news release from the commission, previous scores will continue to be a factor in the decision process, and applicants will also be allowed to make a presentation to the commission regarding matters identified in their application and their score results.
Applicants will also be allowed to respond to preliminary pass/fail items identified by the commission and submit exhibits that were not previously filed due to the file size limitation in the application portal. The procedures also narrow the scope of information that may be redacted from applications and provides a second public comment opportunity.
“We believe that the actions taken today will strengthen the existing rules and process implemented by the commission,” commission chairman Rex Vaughn said. “There is not a one-size-fits-all approach to satisfy all parties, but we feel that the court will see these changes as reasonable and responsible. We hope that everyone will agree to let this process continue in the shared goal of delivering medical cannabis products to patients who so desperately need it.”
The new procedures clarify the investigative hearing process for those applicants whose application is denied and also removes the fee associated with requesting such hearing.
The commission aims to award licenses by the end of 2023, more than two years after Alabama became the 37th state to legalize medical marijuana. The state’s law allows certain illnesses and conditions to be treated with the medication through pill form, capsules, creams, oil, and other forms. Most patients will be allowed up to 50 mg of legal cannabis per day, and after a few months a physician would be able to increase the dosage, if necessary.
“When considering these amended procedures, it was important that this process move forward as swiftly as possible,” said vice chairman Dr. Sam Blakemore. “Patients have waited far too long and any efforts to obstruct our progress is only delaying access to patients.”
Per the statute, the commission can award up to 12 cultivator licenses, four processor licenses, four dispensary licenses, five integrated facility licenses and an unspecified number of secure transport and state testing laboratory licenses.
The initial round of licenses were announced June 12 when the AMCC voted to award 21 medical cannabis business licenses among 90 applicants. Four days later, the commission imposed a stay on those licenses after lawsuits were filed and officials said they became aware of potential inconsistencies in scoring applications.
Licenses were re-issued Aug. 10 by the commission based on the updated review and scoring by University of South Alabama accountants and independent accountants. On Aug. 31, the commission voted to impose another stay on the licenses after a new lawsuit accused the commission of violating the Alabama Open Meetings Act act by nominating their preferred applicants behind closed doors in an executive session, Aug. 10.