Alabama Families Sue Medical Cannabis Commission

Five families in Alabama have taken legal action against the Alabama Medical Cannabis Commission (AMCC), stating that state agencies have failed to fulfill their legal duty to create registration processes for medical cannabis patients and caregivers.

The lawsuit, which was filed on April 25 in Montgomery County Circuit Court, claims that the commission was expected to set up an electronic registration system by September 1, 2022, in accordance with the Darren Wesley “ATO” Hall Compassion Act. This registration is crucial for making medical cannabis accessible to patients in Alabama, a program that has been in existence for nearly four years now.

The complaint indicates that the committee has not met this requirement. As noted on the AMCC’s official website, the program is still “in development” and does not yet register patients or caregivers.

The families detail that they are facing direct harm, particularly in preventing children with medical conditions that could benefit from cannabis from receiving potentially life-altering treatments. They are represented by Attorney James S. Ward and are seeking a writ of mandamus, which would compel the committee to establish the required registration as mandated by law.

The lawsuit points out that “the Compassion Act requires the committee to launch, use, and maintain a reliable system by September 1, 2022, to track all aspects of patient and caregiver qualifications.”

Additionally, there are broader allegations regarding the management of the state’s medical cannabis programs, citing violations of Alabama’s Open Meetings Act and Administrative Procedure Act. However, the primary concern highlighted by the plaintiffs is the absence of a functional patient registration system and delays in the program’s rollout.

The plaintiffs include Dustin Chandler (representing Minor Caddy Chandler), Christina Cain (representing Minor John Hardy Cain), Katherine Hall (representing Minor Liam James Hall), Megan Jackson (representing Minor Caden Jackson), and Kari Forsas (representing Minor Chesney Four Sheath).

They are urging the court to intervene and order the committee to act, thereby granting patients access to treatments that state law has purportedly made available.

As of Monday, the Alabama Medical Cannabis Commission had not publicly addressed the lawsuit.