Alabama Medical Cannabis Commission talks solutions to gridlock in court system

MONTGOMERY, Ala. (WIAT) — John McMillan is the director of the Alabama Medical Cannabis Commission. He said a stalemate in the court system is keeping it from moving forward and putting medicine in the hands of patients.

Now, McMillan said it’s up to the judges or the legislature to take action.

“I went from less than 100 pounds, barely able to work or do anything … to flourishing,” said Amanda Taylor, an advocate for medical cannabis patients.

Taylor said medical marijuana saved her life, and there are other patients just like her.

“I have a ton of my own stories,” Taylor said. “But I’m ready for Alabamians to be able to share theirs.”

A legal battle, however, has kept the medicine out of their hands, according to McMillan. People sued the commission after they weren’t given a license to sell medical marijuana.

“A lot of that has to do with the fact that there are a limited number of licenses,” McMillan said. “In the integrated category, for example, where most of the litigation stems from, there are five licenses and 38 applicants for those. So everybody can’t get a license.”

McMillan said the solution to the problem is the courts lifting a temporary restraining order or the legislature passing a bill to revise the licensing process. He said the commission is not taking a position on any legislation.

“We’ve got cultivators that are growing cannabis right now and very successfully,” McMillan said. “But you can only do that for some abbreviated period of time if you don’t have some sort of revenue coming in, so the program needs to get going.”

Will Somerville represents Alabama Always, a company suing the commission. He said the commission hasn’t followed the law when awarding licenses.

“What the commission wants to do is force everybody through its flawed, invalid process, and then have them challenge the process on the back end,” Somerville said. “Well, the problem is anybody who gets license under the flawed process is going to be challenged on the back end.”

McMillan said he just wants to get medicine to patients.

“We’ve tried to address every demand that some of the litigants have told us that they would be satisfied,” McMillan said. “‘If we just did this or did that,’ and then as soon as they don’t get a license in the next round, [we’re] right back to court again.”

McMillan said it’s had oral arguments before the Alabama Court of Civil Appeals. He said it is waiting on that decision and have another hearing in circuit court April 17.

McMillan said he doesn’t know when the commission will be able to move forward.