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In a fiery escalation of Alabama’s seemingly endless medical cannabis debacle, Alabama Always, LLC has launched a legal broadside against the Alabama Medical Cannabis Commission (AMCC), filing for partial summary judgment and a permanent injunction that could unravel the Commission’s already fraying licensing process. The latest court filings accuse the AMCC of repeated violations of the Alabama Administrative Procedure Act (AAPA), alleging a laundry list of procedural failures that have paralyzed the rollout of medical cannabis for over a year, keeping relief out of reach for thousands of Alabamians.
At the heart of the lawsuit is a scathing critique of the AMCC’s handling of integrated license awards and denials on June 12, August 10, and December 12, 2023. Alabama Always argues that these awards are not just flawed—they’re outright illegal. The plaintiff asserts that the Commission ignored mandatory contested case provisions of the AAPA, skirted the required hearing process, and violated its own blind scoring rules, essentially turning the licensing process into a chaotic, unaccountable mess. It’s a mess, they say, further compounded by the AMCC’s stubborn adherence to an “investigative hearing” process that Alabama Always describes as an affront to both transparency and fairness.
“The Commission’s insistence on pushing forward with a blatantly invalid hearing process will do nothing but further delay the state’s medical cannabis program,” Alabama Always states in its motion, arguing that the hearing procedures violate not only the letter of the AAPA but also basic principles of due process. The motion requests that the court void all previous awards and denials, halt the AMCC’s current practices, and mandate a complete overhaul of the process to align with legal standards.
Alabama Always isn’t stopping there. The lawsuit also targets the AMCC’s so-called “emergency rule,” adopted in October 2023, which the plaintiff claims was put in place without the required public notice or comment. This rule, which the AMCC argues was necessary to expedite the licensing process amidst “uncertainties and delays,” is described by Alabama Always as a cynical maneuver designed to sidestep public scrutiny and accountability. “Declaring a decades-long problem an ‘emergency’ doesn’t make it so,” the plaintiff quips, noting that medical cannabis has never been available in Alabama and questioning the AMCC’s sudden urgency to cut corners.
“This is kind of the same old story. I would say that this is never going anywhere until the Alabama Medical Cannabis Commission decides to start following the requirements of the Administrative Procedure Act and operating in an open and transparent manner,” said Will Somerville, attorney for Alabama Always LLC, in an interview with APR. “None of the awards or denials of licenses in December were made properly,” he continued. “They have never explained why some people got licenses and some people didn’t. Most egregiously to me, they didn’t explain how they thought some people could do the job of producing medical cannabis while others couldn’t. It’s time to put these license awards and denials to bed, and they need to start utilizing the process that follows the law—both the Administrative Procedure Act and The Darren Wesley ‘Ato’ Hall Compassion Act, which have very specific requirements that they have to effectuate, and they haven’t done that yet. They have not, they have not.”
But it’s not just about paperwork and procedural squabbles; real lives are caught in the crossfire. As the AMCC fumbles its way through administrative chaos, patients desperately in need of medical cannabis are left waiting, suffering, and wondering if the state will ever get its act together. The AMCC’s critics argue that the Commission’s bungling extends far beyond the courtroom and that every misstep further erodes public trust in Alabama’s ability to manage a functional, fair, and transparent medical cannabis program.
Court observers, speaking anonymously for a candid evaluation of the situation, suggest that the Alabama Medical Cannabis Commission lawyers are fully aware that they have mishandled the rule-making process. “It’s becoming increasingly clear that the rules and regulations they drafted don’t satisfy the requirements of the Administrative Procedure Act,” one observer noted. “They’re trying to force the plaintiffs to exhaust administrative remedies before they can go to court, even though it’s evident to everyone that the administrative remedy itself violates the AAPA.”
Observers believe the Commission’s legal team is more concerned with protecting their reputations than fixing the flawed process. “What they’re really trying to do is prevent an adjudication of the legality of the process they devised, because if that happens, everyone will see they committed malpractice,” said another observer. “Right now, they’re caught in a conflict of interest. They’re dragging this process out, not to serve the public or the program, but to shield themselves from accountability.”
The legal battles are seen as a desperate attempt by the Commission’s lawyers to avoid admitting fault. “The fastest way to resolve this would have been to acknowledge a year ago that they made a mistake and draft new regulations that comply with the law,” commented one court watcher. “Instead, they’re pointing fingers at everyone else and insisting that these invalid rules can’t be challenged until the process is exhausted—an argument that’s contrary to Alabama law.”
One observer summed it up bluntly: “This is all about self-preservation. They’re trying to cover up the fact that they messed up so they can save their reputations, instead of doing what’s right for the patients and the industry.”
Judge James H. Anderson is now tasked with deciding whether to grant Alabama Always’s motion, which could potentially reset the entire licensing process, forcing the AMCC to start from scratch—or worse, entrenching the Commission’s flawed methods and leaving patients and businesses to endure continued uncertainty. As both sides dig in, the stakes couldn’t be higher: not just for the litigants but for the future of medical cannabis in Alabama.
For now, the only certainty is uncertainty—a fitting hallmark of a saga defined by delays, defiance, and a disturbingly cavalier approach to the rule of law.
