MONTGOMERY, Ala. (AP) — A judge on Tuesday appointed a mediator in the long-running dispute over who gets licenses to grow and sell medical marijuana in Alabama.
Montgomery Circuit Judge James Anderson named retired Circuit Judge Eugene Reese to act as mediator in the case. Anderson wrote that he believed the use of mediation “is appropriate in this case and could result in the speedy and just resolution of the dispute.”
Alabama lawmakers in 2021 that would allow people to access marijuana for certain medical conditions. But three years later, medical marijuana remains unavailable in Alabama amid a sprawling over the process used to award licenses to grow and sell the products. The delay has who cheered the Legislature’s approval of the program.
Companies who were denied licenses have accused the Alabama Medical Cannabis Commission of violating state law and administrative rules in selecting winners. They have challenged the commission's rules for holding investigative hearings. Companies that have won licenses had urged Anderson to let the program proceed.
Will Somerville, an attorney representing Alabama Always, which was not awarded a license, praised the decision to send the case to mediation. He said the mediator will try to establish a path forward rather than decide who gets a license.
"The mediation is an attempt to get people to agree on a new set of rules to do the investigative process. It's really intended to speed the process up," Somerville said.
The Alabama Medical Cannabis Commission declined to comment on the mediation order.
Amanda Taylor, who used medical cannabis for her multiple sclerosis and other ailments when she lived in Arizona, said she was disappointed by the decision. Taylor has advocated for the availability of medical marijuana in her home state of Alabama. She said the extended legal fight is delaying the availability of the products.
“This is fueled by greed and the patients are not being shown any compassion," Taylor said. “It’s a feast for the lawyers at the expense of the citizens health and quality of life.”
The commission began accepting applications for licenses in 2022 and has attempted to award licenses three times. The commission rescinded the awards twice. Anderson in July issued a temporary restraining order of some of the licenses, saying there was a “serious question” whether the third round of awards was also invalid.
A similar fight played out several years ago in Florida. Florida voters in 2016 voted to create a medical marijuana program, over a license cap.
More states have moved on to allowing recreational use. Twenty-four states have legalized recreational use of marijuana, according to the Pew Research Center, and Florida voters will decide whether to legalize recreational marijuana this November.
Kim Chandler, The Associated Press
