Restraining orders lifted on Alabama Medical Cannabis Commission
Published 6:00 pm Tuesday, April 8, 2025
- The Alabama Court of Civil Appeals has overturned restraining orders that had prevented the Alabama Medical Cannabis Commission from proceeding with licensing. Photo from Alabama Medical Cannabis Commission
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The rollout of medical cannabis in Alabama has faced repeated delays since the Darren Wesley “Ato” Hall Compassion Act was signed into law in May 2021. The bill legalized medical cannabis for qualifying conditions, however, legal challenges and licensing disputes have kept patients waiting for relief the law was aimed at providing.
The Alabama Medical Cannabis Commission (AMCC), responsible for overseeing the licensing of cannabis cultivation, processing, dispensing and transportation businesses, became mired in controversy when applicants accused the commission of improper deliberations and violations of the state’s Open Meetings Act. Disputes over how the commission scored and ranked applicants, particularly for “integrated facility” licenses, led to lawsuits and a series of temporary restraining orders issued by a Montgomery County Circuit Court.
“For the many long-suffering patients in Alabama who have waited far too long for access to the benefits of medical cannabis products, we are pleased with today’s decision from the Alabama Court of Civil Appeals,” said AMCC Director John McMillan in a media release.
The Montgomery court’s order has kept companies waiting, too. Twisted Herb Cultivation, located in Greenville, was awarded a license alongside 20 other applicants in 2023. One of seven Alabama companies awarded a cultivator’s license, the corporation’s license expired in December while courts debated the commission’s actions.
Twister Herb co-owner William McNeal declined to comment on the supreme court’s ruling.
In March, the Alabama Court of Civil Appeals overturned the circuit court’s restraining orders, ruling that the lower court lacked jurisdiction and directing it to vacate the orders. The appeals court emphasized that legal disputes should be resolved through the AMCC’s administrative processes, not the courts and the decision allows the commission to proceed with licensing and administrative hearings.
The commission has already issued licenses for cultivation, processing, secure transportation and state testing laboratories. However, licensing for dispensaries and integrated facilities remains paused due to a circuit court injunction preventing any further action until a final order is entered.
Chairman Rex Vaughn expressed optimism, saying, “Today we have hope for those patients—hope that we can proceed with our hearing process and get those products into their hands.”
Under Alabama’s medical cannabis program, registered certifying physicians can recommend medical cannabis to patients diagnosed with conditions such as autism spectrum disorder, cancer-related pain, Crohn’s disease, epilepsy, HIV/AIDS-related nausea, Parkinson’s disease, PTSD and more. Approved products include tablets, capsules, tinctures, gels, transdermal patches and inhalable oils. Smoking, vaping, and edible products are prohibited.
While the AMCC works to resolve licensing issues, Alabama patients continue to wait for access to medical cannabis. The commission remains hopeful the decision by the appeals court marks a turning point in the program’s long-delayed implementation.