MONTGOMERY, Alabama — While living in Arizona, Amanda Taylor used medical cannabis to help manage symptoms of her multiple sclerosis, gastroparesis, and other ailments. 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 a medical cannabis program approvedBut three years later, medical marijuana is still not available in Alabama due to an ongoing legal battle over several permits to grow and sell the products.
While licensed growers have marijuana plants that are close to maturity, cannabis products cannot be recommended or sold to patients in Alabama while the entire program is on hold. The delay is frustrating for patients like Taylor.
“It’s beyond frustrating,” Taylor said. “I’m a very calm person and … I always hope for the best. But at this point it’s anger, because greed is causing so much more suffering.”
The Alabama Medical Cannabis Commission has issued licenses to growers, processors and others, but licenses are on hold for five potentially lucrative integrated “seed-to-sale” licenses that would allow businesses to grow, process and sell cannabis, as well as licenses for dispensaries that would sell the cannabis products. The entire program is on hold as the dispute plays out in state court.
“We want to get the products out to patients. We get calls almost every day from people who are concerned,” said John McMillan, executive director of the Alabama Medical Cannabis Commission. “That’s by far the number one question on our website. When are the products going to be available? And everywhere I go, when I talk to community groups, that’s the number one question.”
The commission began accepting applications for licenses in 2022 and has attempted to award the licenses three times. The commission has revoked the awards twice after losing applicants raised concerns about the selection process. The panel adopted new rules and awarded licenses for the third time in December. But companies challenged the awards, arguing, among other things, that the commission failed to follow the Alabama Administrative Procedures Act.
Montgomery Circuit Judge James Anderson issued a temporary injunction July 11 blocking the issuance of the five integrated licenses, saying there is a “serious question” whether the third round of awards is also invalid.
An attorney for Alabama Always, one of the companies that filed suit after it was denied an integrated license, said the commission is legally required to allow licensed companies to challenge the qualifications of winning companies.
“That’s why this has gone on for so long. They just refuse to do it the way it’s supposed to be done,” Will Somerville, an attorney for Alabama Always, said of the commission.
But for companies that have been granted permits, the delay is frustrating, as they have invested millions of dollars in operations that cannot fully ramp up.
In an unassuming farm building, hidden behind fences and security cameras, 1,500 marijuana plants shoot up at a facility in southern Alabama operated by CRC of Alabama. The plants are about 60 days away from harvest, said Rob Levy, CRC of Alabama’s director of operations.
The plants, bred from varieties with names like apple blossom, hella jelly and blueberry pancakes, are moved through a series of rooms designed to mimic the growing season. The company has invested more than $2 million in the operation, including significant 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 get to patients.
“We’re all dressed up and have nowhere to go,” said Grady Reeves, one of the owners of CRC. “But the ones who are really suffering are the patients.”
Dr. Marshall Walker, an interventional radiologist, said he believes medical cannabis could be helpful for some of his chronic pain patients. 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 watching his mother use cannabis when she had esophageal cancer. It controlled her pain enough to allow her to eat.
A similar battle played out in Florida a few years ago. Florida voters approved a medical marijuana program in 2016, but a lawsuit followed above a driving license limit.
As patients in Alabama continue to wait, more states have moved to allow recreational use. According to the Pew Research Center, 24 states have legalized recreational marijuana use. Florida voters will decide the issue in November.
When medical cannabis will be available in Alabama depends on what happens with the lawsuit, 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 are going to last,” McMillan said.