Alabama Parents Sue Medical Cannabis Commission Over Failure to Implement Program On Time

Parents of would-be medical cannabis patients in Alabama are suing the
state Medical Cannabis Commission (AMCC) over the delays in implementing
the medical cannabis program by the date mandated by law, according to Alabama
Political Reporter. The lawsuit, filed by five parents, contends that the
Darren Wesley “Ato” Hall Compassion Act, signed into law nearly five years
ago, mandated the creation of a system to track qualified patients and
caregivers, and used mandatory language requiring action by a specific
deadline – giving the AMCC no discretion on timelines – but the state has
not yet registered patients or caregivers.

“The Commissioners have failed to perform their nondiscretionary,
ministerial duty,” the lawsuit states. “Mandamus is the only adequate
remedy available.”

The lawsuit includes a snapshot of the years of disfunction at the AMCC –
violations of the state’s Open Meetings Act and Alabama Administrative
Procedure Act (AAPA) – calling them “egregious.”

“The Commissioners’ failure to establish a patient registry with actual
patients has delayed the availability of medical cannabis to patients just
as surely as the Commission’s repeated refusal to follow the Open Meetings
Act and AAPA.” —* State of Alabama ex rel. vs. Alabama Medical Cannabis
Commission*

Under the law, the Commission was directed to create the patient and
caregiver registry by September 1, 2022. The rollout of the program has
been plagued by lawsuits targeting the AMCC and its processes for years.
Just last week, a Circuit Court of Montgomery County judge invalidated the
AMCC’s decision to use an “emergency rule” to continue with the licensing
process after two previous attempts were thwarted.