MONTGOMERY, Alabama. When Amanda Taylor lived in Arizona, she used medical cannabis to alleviate symptoms of multiple sclerosis, gastroparesis, and other illnesses. She returned to Alabama to advocate for medical cannabis in her home state.
Taylor thought victory was in sight in 2021, as Alabama overcame years of resistance in the Deep South and approved a medical cannabis program. But three years later, medical marijuana remains unavailable in Alabama due to an ongoing legal fight over some of the licenses to grow and sell the products.
Although licensed cultivators have nearly mature marijuana plants, cannabis products cannot be recommended or sold to patients in Alabama while the entire program remains suspended. The delay is exasperating for patients like Taylor.
“It’s very frustrating,” Taylor said. “I’m a very calm person and…I’m always hoping for the best. But right now, it’s anger because greed is causing so much more suffering.”
The Alabama Medical Cannabis Commission has issued licenses to cultivators, processors and others, but licenses are on hold for five potentially lucrative integrated “seed-to-sale” licenses where companies grow, process and sell cannabis, as well as licenses for dispensaries that will sell the cannabis products. The entire program remains on hold while the dispute plays out in state court.
“We want to see products available to patients. We receive calls almost daily from those involved,” said John McMillan, director of the Alabama Medical Cannabis Commission. “This is by far the number 1 question we receive on our website. When will the products be available? And wherever I go, if I talk to civic clubs, that’s the first question.”
The commission began accepting license applications in 2022 and has attempted to grant licenses three times. The commission rescinded the awards twice after lost candidates raised concerns about the selection process. The panel adopted new rules and granted licenses for the third time last December. But the companies challenged the awards, arguing, among other things, that the commission did not follow the Alabama Administrative Procedures Act.
Montgomery Circuit Judge James Anderson on July 11 issued a temporary restraining order blocking the issuance of the five integrated licenses, saying there was a “serious question” whether the third round of awards was also invalid.
An attorney for Alabama Always, one of the companies that filed lawsuits after failing to obtain an integrated license, said the commission, by law, should allow denied companies the opportunity to challenge the qualifications of the winning companies.
“That’s why this has gone on for so long. They just refuse to do things the way they should be done,” Alabama Always attorney Will Somerville said of the commission.
But for companies that have received permits, the delay is frustrating after having invested millions of dollars in operations that cannot fully launch.
In a modest farm building covered in fences and security cameras, 1,500 marijuana plants sprout skyward at a south Alabama facility operated by the Alabama CRC. There are about 60 days left until the plants are harvested, said Rob Levy, director of operations for the Alabama CRC.
The plants, grown from varieties with names like apple blossom, hella jam and blueberry pancakes, are moved through a series of rooms designed to mimic the growing season. The company invested more than US$2 million in the operation, including substantial security costs.
CRC plans to sell its product to one of the state’s licensed processors, who will turn it into cubes and other products. But with the uncertainty surrounding Alabama’s program, it’s unclear when the products will be able to reach patients.
“We’re all dressed up and have nowhere to go,” said Grady Reeves, one of the owners of CRC. “But the ones who really suffer are the patients.”
Dr. Marshall Walker, an interventional radiologist, said he believes medical cannabis may be beneficial for some of his patients with chronic pain. He said it is “inhumane” that man-made problems are blocking its availability.
“The way I see it, it’s just another tool in the toolbox,” Walker said. Walker said he became convinced of the potential benefit after seeing his mother use cannabis when she had esophageal cancer. He controlled his pain enough to allow her to eat.
A similar fight occurred several years ago in Florida. Florida voters in 2016 voted to create a medical marijuana program, but litigation ensued above a license limit.
As patients in Alabama continue to wait, more states have moved to allow recreational use. Twenty-four states have legalized the recreational use of marijuana, according to the Pew Research Center. Florida voters will decide the issue in November.
When medical cannabis will be available in Alabama will depend on what happens with the litigation, McMillan said. He said the issue will “hopefully” be resolved by the end of the year.
“I don’t even use the word optimistic anymore. I just use the word hopeful because we don’t know how long these delays will continue,” McMillan said.
This story originally appeared on ABCNews.go.com read the full story
