Nearly four years after medical marijuana was legalized in Alabama, the state’s Medical Cannabis Commission is once again facing legal challenges. The latest lawsuit, filed on Friday, underscores the frustration of families who say that the state’s failure to implement key components of the medical cannabis program is preventing access to life-changing treatments.
The lawsuit, brought forward by five families on behalf of their children, argues that the Alabama Medical Cannabis Commission has not taken legally required steps to provide medical cannabis to those who need it. Each of the children in the lawsuit suffers from a medical condition that, according to the plaintiffs, could be treated effectively with medical cannabis. However, they contend that the state's delays have blocked access to treatment for these children, who could benefit from the law if the system were properly in place.
This new lawsuit is separate from the ongoing legal battles related to the licensing of medical marijuana businesses. Those lawsuits have been dragging on for nearly two years as businesses have contested the way the Alabama Medical Cannabis Commission handled the licensing process. While those cases focus on the allocation of business licenses to dispensaries and producers, the new lawsuit addresses a more foundational issue: the lack of a patient and caregiver registry.
Under the law, the Medical Cannabis Commission is required to create a registry that would identify eligible patients and caregivers. This registry was due to be established by September 1, 2022, but the lawsuit argues that the Commission has failed to meet this deadline. As of now, the Alabama Medical Cannabis Commission’s website states that the database is still under development, and it is not yet registering patients or caregivers. The website also notes that once business licenses are issued, caregivers will be able to start the certification process to recommend cannabis to eligible patients.
For families like those behind the lawsuit, the lack of a functional registry is more than just a bureaucratic delay—it's a barrier to essential healthcare. With medical cannabis legal but not yet accessible, parents are unable to access the treatments they believe could improve the quality of life for their children. The lawsuit demands that the state fulfill its legal obligation to create the database and begin offering medical cannabis to those in need.
As the situation unfolds, advocates for medical marijuana access hope that the court will address these delays and push the state to meet its obligations to patients. Until then, Alabama residents seeking relief through medical cannabis remain in limbo, waiting for the necessary infrastructure to be put in place.
News 19 reached out to the Alabama Medical Cannabis Commission for comment, but as of now, no response has been provided.