A Montgomery-based coalition that advocates for the legalization of marijuana, says it is “extremely disappointed” in state lawmakers for not taking steps needed toward getting a medical marijuana program started in Alabama.

The statement from the Alabama Cannabis Coalition comes more than three years after the Alabama Legislature, in 2021, passed legislation authorizing a medical marijuana program in Alabama under a state law signed by Gov. Kay Ivey. Alabama, at the time, joined 36 other states in doing legalizing marijuana use for medical purposes. As of this spring, there are 41 states with a medical marijuana program.

“The sick, suffering and dying citizens of Alabama continue to be denied access and they do not have the luxury to wait for that access,” said H. Marty Schelper, founder/president of the Cannabis Coalition, and founder/president of the Alabama Republicans Against Marijuana Prohibition.

Schelper, in a news release Monday, called the lack of implementing a medical marijuana program as a “quagmire,” and requested an update on “how and when this quagmire will be resolved.”

The concern, Schelper said, was the lack of attention on getting the program implemented by state lawmakers. His comments come after lawmakers adjourned their spring legislative session on Thursday.

“We were hopeful that on February 6, 2024, at the beginning of the 2024 legislative session, that ‘medical cannabis’ would be first and foremost in the hearts and minds of our Legislature,” Schelper said. “We were sorely mistaken.”

Schelper said that only one bill was passed dealing with the issue — HB390, sponsored by Rep. Danny Crawford, R-Athens. That legislation removes the Alabama Department of Agriculture and Industries from the shared responsibilities for the regulation and enforcement of the program.

‘Frustrations’

Not mentioned in the news release was SB276, sponsored by Sen. David Sessions, R-Mobile. That bill intended to resolve the stalemate by increasing the number of business licenses issued by the Alabama Medical Cannabis Commission.

“We’re three years into the program and there is a lot of frustrations,” Sessions said. His bill did not advance out of the Senate, despite a lengthy public hearing on it and the program’s stalemate during an April 3 meeting of the Alabama Senate Agriculture, Conservation and Forestry Committee.

“Most states have had to come back with some type of legislative fix (to get similar programs going),” Sessions said. “This was our first attempt this year. I believe we will be here next year and hopefully we can something figured out and get the program (implemented).”

Under SB296, the AMCC would have been required to award 15 integrated licenses, up from five in the 2021 law. An integrated license allows a company to cultivate, process, transport and dispense medical marijuana in Alabama.

The legislation was criticized during the April 3 by those who felt it was unfair to change the state program three years after the initial law was passed.

“I think at some point, the commission will have to basically start over on (the number of) integrated licenses,” Sessions said. “There were mistakes made and unfortunately politics may have gotten involved in it. It’s made a difficult situation.”

Stalled program

Progress toward getting the program going is stalled due to legal action. The issuance of licenses is on hold because of multiple lawsuits based on Open Meetings Act violations by the AMCC, and disputes over issuing licenses for dispensaries and integrated facilities.

The AMCC issued licenses for cultivators, processors, transporters and a testing lab last year. But those licenses are not good enough to officially initiate the program because of a stalemate over the other licenses, and because of the looming litigation.

Sessions said he is uncertain the program can “get up and running” until the lawsuits are addressed.

He admitted that because of the lawsuits, and other unresolved matters, “there was not much of a desire to address” the program.

“When I first dropped (SB296), I had colleagues coming to me asking why I was fooling with it,” Sessions said. “It wasn’t on a lot of people’s radar until we dropped (the legislation).”

The Cannabis Coalition had been hoping Ivey would call a special session to focus on the issue.

Sessions said he doesn’t believe a special session would be helpful, given the lack of interest in pushing a bill through the spring. Ivey has already decided she is uninterested in calling for a special session to get a gambling and lottery package approved, after a comprehensive plan fell just one vote shy of passage.

Gina Maiola, spokeswoman for Ivey, acknowledged the lack of activity by the legislature and noted they will have an opportunity to readdress the issue next session in 2025, if they decide to do so.

“As the governor has said many times, we must get this done right for the people that need it the most,” she said.

Schelper said that Coalition members and the citizens of Alabama received a reply/form letter from the governor saying, “she is closely monitoring the status of the AMCC and its work to oversee the medical Cannabis industry in Alabama.”

Ivey signed the medical marijuana program into law on May 17, 2021. When the product is available, patients certified by participating physicians will be able to use medical marijuana for 15 conditions, including cancer, chronic pain, depression, autism, PTSD, and Parkinson’s Disease. Patients will have to apply for a card to obtain medical marijuana from licensed dispensers.

The law bans smoking or consuming it in food. Product will be available in tablets, capsules, gelatins like gummies, oils, gels, creams, suppositories, transdermal patches, or inhalable oils or liquids. The gummies will only be allowed to be peach-flavored. Patients also have to be age 19 and older to receive a medical marijuana card.

The competition for the integrated licenses appears to be the main topic of concern. Critics have said that had Alabama lawmakers taken into consideration programs in other states and not focused on establishing a restrictive program with limited licenses, the process may not have been as delayed. More than 30 companies, some of whom have filed a lawsuit against the AMCC, have seen been denied one of the five integrated licenses spelled out in the 2021 law.

This story was updated at 2:55 p.m. on May 13, 2024, to include a statement from the governor’s office.