Courts pave way for medical cannabis to launch in Alabama

BIRMINGHAM, Ala. (WIAT) — A temporary restraining order has kept the Alabama Medical Cannabis Commission from moving forward in its licensing process.

On Friday, the Alabama Court of Civil Appeals decided that the TRO is invalid. Some see this as a light at the end of the tunnel for patients who need the medicine.

“We’re finally gonna be able to break the dam that has been the legal process,” said Joey Robertson, CEO of Wagon Trail Med-Serv.

Robertson was awarded an integrated license. He said he has been waiting to open his dispensaries- a secure place where patients can go and get medicine they need, like a pharmacy. But, an ongoing court battle has held him back.

“It’s been tough. But, at the same time, it’s worth it,” he said. “We know that we are ready to get started. We know that we can immediately get in the market and help patients. So, the fight’s been worth it for us.”

That fight started over a year ago when companies sued the Medical Cannabis Commission. One company, Alabama Always, said that the commission awarded licenses without following procedures. But, now that a temporary restraining order has been lifted, the commission said they can proceed.

“You got timelines in there for appeals, or reconsiderations and all of those legal, jargon things,” Commission Director John McMillan said. “But, yeah, we’re encouraged that this does put us in a position to do exactly what we’ve been trying to do- and prepared to do- for about fifteen, sixteen months now.”

That position includes holding investigatory hearings for applicants who didn’t get a license. This allows companies like Alabama Always to prove why they deserve a license to sell medical marijuana. Will Somerville, attorney for Alabama Always, said the ruling is a win in his eyes.

“They gave us what we wanted to hear in terms of fixing the process,” he said. “They made clear there’s no question the Alabama Administrative Procedures Act applies to this process. And, it has to be followed going forward. And that’s what we’ve been asking for, for a year and half.”

Somerville said he will engage in a fair process- even if Alabama Always doesn’t get a license in the end.

“We’ve always said that we can’t guarantee that Alabama Always will get a license. But, we’ve always said that we do believe that in a fair process, we have as good- or better chance- than most,” he said.

McMillan said the commission will do whatever they can to expedite the process.

“We’re just grateful that finally, the patients, doctors, and everybody else involved in this whole thing- including the commission- will hopefully have the opportunity to finally move forward,” he said.

Next, McMillan said there’s a hearing in the Circuit Court on April 17. He said it could only be at least a few months before licenses are finalized.