Medical Cannabis Commission tries to fix stalled license process
The Alabama Medical Cannabis Commission on Thursday approved changes to its rules for awarding business licenses, a process stalled for four months by mistakes and lawsuits.
A key change in the new rules is that business applicants will be allowed to make public presentations to the AMCC before it tries to award licenses for a third time.
AMCC Chairman Rex Vaughn said the changes, approved as an emergency rule during a meeting at the Alabama State House, came in response to claims made by applicants in their lawsuits.
“They have made some legitimate complaints against the commission that we need to address,” Vaughn said. “And we’re going to address them. We’re going to give them their day with a public hearing and a presentation to accommodate every one of them that wants to come talk to us.”
Vaughn said the changes give the AMCC a chance to award licenses by December.
“Our goal is to have a victory lap by the end of the year,” Vaughn said. “So we’ll see how that goes.”
William Somerville, an attorney for Alabama Always LLC, an applicant that has filed multiple complaints against the AMCC in court, said he was encouraged by the new rules, especially the chance to make a presentation before the AMCC.
“It will help us go to the commission and explain why we are capable of producing medical cannabis faster than anybody else,” Somerville said.
Alabama Always said it has spent $7 million building a facility to grow medical grade cannabis and make products in west Montgomery and is ready to begin production quickly. He said the readiness and capability was an important qualification spelled out in the law that has been overlooked because of the AMCC’s reliance on scores assigned to the applications.
Alabama Always was denied a license both times the AMCC has awarded them.
“We think the real world is a much better indication of whether somebody can actually produce medical cannabis than a pretty piece of paper,” Somerville said.
Amanda Taylor of Cullman, who has multiple sclerosis and said she benefitted from medical cannabis while living in Arizona, said she came to Thursday’s meeting to stress the urgency of making products available.
“When you move the patients out of the discussions, and we’re not here, they kind of forget that there’s faces that go along with this,” Taylor said. “There’s beating hearts. And there’s people who are heartbroken and devastated. Not only within what we feel, but within what we have to battle with our bodies because we are lacking what is provided in these plants. It’s not about getting high. It is about healing.”
Taylor said medical cannabis can help with the spasms and pain caused by her illness.
Before the licensing delays, AMCC officials said they hoped products would be available late this year or early in 2024.
The AMCC has twice awarded business licenses but put a hold on those decisions both times and has issued no licenses, which are necessary for companies to begin growing the plants and making the products to start the state’s new industry.
The AMCC first awarded licenses in June, but those were stopped because of mistakes made in tabulating the scores used to rank applicants.
The AMCC fixed the scores and awarded licenses again in August, but lawsuits alleging violations of the open meetings law and other problems again stopped the AMCC from issuing licenses.
The litigation is ongoing. Montgomery County Circuit Judge James Anderson consolidated most of the lawsuits. The next hearing is set for Wednesday.
On Tuesday, Anderson granted the AMCC’s request to dismiss a lawsuit filed by Verano Alabama, which was awarded a license in June but passed over in August despite still having the top-rated score in its license category. The company’s lawsuit claimed that the AMCC had no authority to rescind its June license award. Anderson ruled that the AMCC did have that authority.
AMCC Chairman Vaughn said there are still uncertainties about the litigation that could affect the licensing timeline, but said he was encouraged by Anderson’s ruling.
“We do think we’re making headway with the courts based on yesterday’s decision,” Vaughn said.
The Legislature approved medical marijuana two years ago and created the AMCC to oversee seed-to-sale regulation of the industry, which is intended to operate fully intrastate.
The law allows companies to make gummies, tablets, capsules, tinctures, patches, oils, and other forms of medical marijuana products. Patients who receive a medical cannabis card from a doctor will be able to buy the products at licensed dispensaries.
The products can be used to treat a wide range of conditions, including chronic pain, weight loss and nausea from cancer, depression, panic disorder, epilepsy, muscle spasms caused by disease or spinal cord injuries, PTSD, and others.
Alabama is one of 38 states that have approved medical marijuana, according to the National Conference of State Legislatures.
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