The Alabama Medical Cannabis Commission is being sued by parents who say the commission has not created a patient registry to dispense medical cannabis as required by state law.

Filed in Montgomery County Circuit Court, the complaint seeks a writ of mandamus to compel the AMCC to immediately create and implement a patient and caregiver registry.

The plaintiffs in this suit include Dustin Chandler, Catherine Hall, Meggan Jackson, Kari Forsyth and Cristina Cain.

Cain stated that the lack of a registry has impacted her child’s ability to access life-changing care.

“It has been nearly 4 years since the law was passed on Hardy’s 10th birthday,” Cain said.

“It seemed like the perfect birthday gift – that he would finally get access to something that could drastically improve his quality of life and perhaps stop his daily seizures. And yet, here we are approaching another birthday, still with nothing. Nothing!”

In 2021 the Alabama Legislature passed The Darren Wesley “Ato” Hall Compassion Act which states that no later than Sept. 1, 2022, “the commission shall establish and administer an integrated, electronic patient and caregiver registry, known as the Alabama Medical Cannabis Patient Registry System.”

AMCC Director John McMillan told AL.com he supported the parents’ efforts in trying to get the registry up and operating but disagreed with the appeal they filed.

“First of all, we’re thrilled to death to have their help,” McMillan said.

“We’re trying to get this program up and going. Unfortunately, they do not understand the patient registry deal which we do have incidentally and have had for a couple of years.”

McMillan claimed that the commission did have a registry but it was held up due to numerous lawsuits.

According to the plaintiffs, the commission has repeatedly violated the law which has caused patients to lose access to medical cannabis treatment.

“The Commission has failed to comply with numerous laws in its administration of the Alabama’s medical cannabis program,” the complaint states. “On information and belief, the Commission has committed numerous violations of the Alabama Open Meetings Act and the Alabama Administrative Procedure Act (AAPA), and those violations have delayed the development of Alabama’s medical cannabis program.”

McMillan said the Compassion act requires the commission to create a registry which he claims they have but there is no way to “start it” due to lawsuits interfering with the agency’s ability to obtain the proper licenses.

However, the act says the commission shall both, “establish and administer,” a registry and does not give the AMCC discretion in the matter.

The lawsuit asserts that AMCC does not have a registry citing a portion from the agency’s website that currently says, “[t)he Alabama medical cannabis program is under development and is not registering patients or caregivers at this time.”

If the court rules in favor of the plaintiffs the AMCC would be required to establish the patient registry.