Alabama Medical Cannabis Commission Cleared to Issue Medical Marijuana Licenses

The Alabama Medical Cannabis Commission (AMCC) is back in business. After months of legal battles and delays, the state’s appeals court has ruled in favor of allowing the commission to proceed with issuing medical marijuana licenses. The decision overturns a previous restraining order that had brought the process to a standstill, marking a critical turning point for Alabama’s medical cannabis industry.

Appeals Court Sides with AMCC

A unanimous ruling from the Alabama Court of Civil Appeals struck down the Montgomery County Circuit Court’s temporary restraining order against the AMCC. The lower court had initially blocked the commission from issuing licenses after a lawsuit filed by medical marijuana company Alabama Always. But the appellate judges determined that the circuit court overstepped its jurisdiction, effectively dismissing the case and paving the way for AMCC to resume its work.

The court’s opinion was straightforward: unless the AMCC actively violates procedural rights, any concerns about its process remain hypothetical. This was a significant blow to Alabama Always, which had been fighting to challenge the AMCC’s licensing procedures after its own application had been denied multiple times.

Legal Battles and Delays Plague the Licensing Process

The legal wrangling over medical marijuana licenses in Alabama has been anything but smooth. The AMCC originally awarded 21 licenses to medical marijuana companies in June 2023. But that decision quickly unraveled when lawsuits revealed alleged irregularities in how the applications were scored. Those licenses were voided, and the entire process was thrown into legal limbo.

Alabama Always was among the companies that sought to capitalize on these issues. After being rejected three times, the company took the AMCC to court, arguing that its procedures didn’t comply with the Administrative Procedure Act (APA). The legal fight created months of uncertainty for businesses and patients alike, as the commission was unable to move forward with approving operators in the state.

What This Means for the Industry

Now that the court has removed the latest legal roadblock, the AMCC can get back to issuing licenses. That’s a win for businesses waiting to enter the market—and for patients who have been left in limbo due to the prolonged legal battle.

Here’s what comes next:

• The AMCC will likely resume awarding licenses, though it must ensure compliance with state regulations.
• Companies that had their licenses voided may get another shot, but they could face additional scrutiny.
• Alabama Always may have lost this particular legal fight, but the ruling still reinforces that AMCC must follow procedural rules moving forward.

Alabama Always Attorney Sees a Silver Lining

Despite the setback, Alabama Always’ attorney Will Somerville framed the ruling as a victory. He pointed out that the appeals court effectively affirmed a key argument the company had been making all along: the AMCC must adhere to the APA when awarding licenses.

“They really gave us what we want,” Somerville told the Alabama Reflector. “We’ve been asking for an order requiring the commission to follow the Administrative Procedure Act, and the court just said that the provisions of the APA apply here, whether the commission has adopted rules compliant with them or not.”

In other words, while Alabama Always didn’t get the court order it initially sought, the ruling still reinforces its core argument that the AMCC must stick to established administrative procedures.

The Road Ahead for Alabama’s Medical Cannabis Program

The AMCC’s ability to issue licenses again is a major step, but this legal saga isn’t necessarily over. The commission must proceed carefully to avoid further lawsuits, and companies that feel wronged in the licensing process may still challenge future decisions.

For now, though, Alabama’s medical cannabis program is back on track—at least until the next legal battle emerges.