Although it’s been over four years since Alabama legalized medical cannabis, these products still aren’t available. However, a new managed hearing process might finally lead to some licenses being granted.

Reports indicate that a long-standing dispute regarding the licensing of medical cannabis facilities could be tackled via a formal procedure led by former Alabama Supreme Court Associate Judge Bernard Harwood.

The Alabama Medical Cannabis Commission (AMCC) has faced significant criticism concerning the licensing awards, with the committee voting on various issues multiple times and rejecting applications from individuals claiming the process was flawed.

Earlier this year, the Alabama Citizens’ Court of Appeals ruled that the licensing dispute should adhere to the Alabama Management Procedure Act (APA). This law mandates a hearing officer and allows applicants to formally present and challenge evidence in what is termed a disputed litigation hearing.

The AMCC is responsible for issuing licenses related to several areas of the medical cannabis sector: testing, dispensing, transporting, processing, and cultivation. Additionally, the state provides integrated facility licenses, which encompass all phases from cultivation to distribution.

AMCC officials confirmed that an investigative hearing is the next step in this process.

“The Alabama Medical Cannabis Rules state that applicants previously denied a license can request an investigation hearing,” the AMCC explained. “For over two years, the committee has maintained in court that this investigative hearing is a necessary administrative remedy that needs to be pursued.”

The Alabama Civil Appeal Court has concurred that an investigative hearing is the required next step in the administrative framework for contested cases under the APA, with several applicants requesting such hearings.

One applicant, Always Alabama, sought an integrated facility license and has taken legal action to compel the AMCC to comply with the APA.

“We’ve been involved in court since December 2023 and are urging the committee to bring these licensing matters before an administrative law judge,” said Ben McNeill, a board member of Always Alabama. “We’re optimistic that Judge Harwood will manage the hearing process with fairness and adherence to the law. However, no hearing schedules have been set at this time.”