Lawsuit Against Alabama Medical Cannabis Commission Moves Forward, Patients Still In Limbo

The Alabama Civil Appeals made two rulings in lawsuits against the Alabama Medical Cannabis Commision on Friday. First, the court dismissed the first lawsuit filed by Alabama Always. Then, the court ruled the second lawsuit filed by Alabama Always can move forward. The AMCC petitioned to have the case dismissed, but the court denied to do so.

“It’s a step in the right direction, it takes the hold off our lawsuit, it’s gonna allow the courts to require the commision to follow the law,” said Alabama Always attorney William Somerville.

• Read More: Patient group urges medical cannabis process to move forward
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Attorney William Somerville for Alabama Always argues the commision is not following the law set by the legislature when awarding licenses.

“There’s a requirement that in order to get a license you prove you have the capacity to commence cultivation in 60 days. That doesn’t mean just grow in somebody’s backyard, grow in somebody’s closest, that means your facility needs to be ready to go and start producing medication for patients…the commision has not enforced that requirement.”

Alabama Always has not received a license any of the three times they were granted.

“Of course we want a license. That’s not the objective in the lawsuit,”explained Somerville. The objective of the lawsuit is to make sure the mission follows the law period.”

As for what’s next, Somerville says they will ask for a discovery to get answers on how the commision is awarding licenses.

“The next step is to start putting people under oath with their hand on a Bible, so they can tell the truth, the whole truth and nothing but the truth and make them explain why this process has been taking so long, what have they been doing and why they have not been following the law.”

Read the full decision below.