Alabama’s long-delayed medical cannabis program continues to face legal hurdles, with the latest twist coming from the Alabama Court of Civil Appeals. On Monday, the court issued a stay on a recent order by Montgomery County Circuit Judge James Anderson, who had continued to block the Alabama Medical Cannabis Commission (AMCC) from issuing licenses to cannabis businesses.
The stay temporarily lifts Judge Anderson’s April 21 ruling, pending further review by the appeals court. This legal back-and-forth is the latest development in a prolonged dispute that has prevented Alabama’s medical cannabis program — legalized in 2021 — from getting fully off the ground.
The crux of the issue stems from a temporary restraining order issued in Montgomery County that has effectively stalled the implementation of the state’s medical cannabis law for over a year. In March, the Alabama Court of Civil Appeals unanimously ruled that the restraining order should be vacated, stating that the circuit court “lacked subject-matter jurisdiction.” Despite this clear ruling, Judge Anderson maintained his position with a new order on April 21, claiming the Alabama Medical Cannabis Commission acted improperly by issuing licenses under an emergency rule passed in October 2023. He declared the emergency rule void and prohibited the AMCC from taking any action related to the awarding or denial of licenses in one of the most coveted categories — the integrated facility license.
Integrated facility licenses are among the most highly sought after in Alabama’s medical cannabis program. They allow a business to control the entire supply chain — from cultivation and processing to dispensing, transportation, and retail sales. By law, the AMCC is only permitted to award five of these licenses, making the stakes extremely high for applicants.
The commission’s December 12, 2023, decision to award and deny integrated licenses has been a key point of contention. With Judge Anderson blocking implementation and now the appeals court stepping in to stay his order, uncertainty reigns over when or how these licenses will ultimately be distributed.
While Alabama legalized medical cannabis nearly three years ago, patients and potential businesses alike have been stuck in limbo due to ongoing legal and bureaucratic delays. The latest court action underscores the complex legal terrain facing the program and the urgent need for resolution.
As the Alabama Court of Civil Appeals reviews the case further, stakeholders across the state are watching closely, hoping for clarity — and an eventual path forward for legal medical cannabis in Alabama.
