More than four years after Alabama legalized medical cannabis, the product remains unavailable, but an administrative hearing process may finally clear the way for licenses to be awarded.
WHNT reported that the long-running disputes over medical cannabis facility licenses could soon be addressed through a formal process led by former Alabama Supreme Court Associate Justice Bernard Harwood.
The Alabama Medical Cannabis Commission (AMCC) has faced criticism for its repeated and contested license awards, with the commission voting on the matter three different times and rejected applicants arguing the process was flawed and unlawful.
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Earlier this year, the Alabama Court of Civil Appeals ruled that license disputes must follow the Alabama Administrative Procedure Act (APA). That law requires a hearing officer and allows applicants to formally present and challenge evidence in what’s known as a contested case hearing.
The AMCC issues licenses for specific parts of the medical cannabis industry: testing, dispensing, transportation, processing, and cultivation. The state also offers integrated facility licenses, which cover every step from cultivation to dispensing — except for testing, which remains separate.
WHNT spoke with the AMCC, which confirmed that investigative hearings are the next step.
“Alabama’s medical cannabis statute and administrative rules provide that any applicant preliminarily denied a license award by the Commission may request an investigative hearing,” the group said. “Over the last 2-plus years, the Commission has consistently argued in the courts that the investigative hearing process is an adequate administrative remedy that must be exhausted.”
“The Alabama Court of Civil Appeals agreed that the next step in the administrative process is the investigative hearings, which must be conducted with all the processes and procedures available in a contested case under the Alabama Administrative Procedure Act. A number of applicants have requested an investigative hearing. The Commission is anxious for applicants to have the opportunity to establish their suitability for a license in a contested case investigative hearing.”
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One of the applicants, Alabama Always, is seeking an integrated facilities license and was among the groups that filed suit to force the AMCC to comply with the APA.
“We’ve been in court since December 2023, asking the Commission to refer these licensing matters to an Administrative Law Judge for a hearing,” Alabama Always board member Ben McNeil told WHNT. “We are confident Justice Harwood will oversee the hearing process with fairness, integrity, transparency, and a dedication to upholding the law. A schedule for the hearings has not yet been set.”
Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].
