New legislation seeks to resolve medical marijuana legal limbo

February 17, 2025 – New legislation seeks to move medical marijuana out of the courts and into the real world.

In May 2021 the Alabama Legislature passed and Governor Kay Ivey (R) signed the Compassion Act which allowed patients with a demonstrable medical need and a doctor's recommendation to get legal, Alabama grown medical marijuana in a non-smokable form. Nearly four years later, the state and would be medical marijuana producers have spent $millions of dollars in the courts in litigation and not one patient has been able to obtain any legal cannabis through the courts.

Senator Tim Melson (R-Florence) – an anesthesiologist and medical researcher – sponsored the original 2021 legislation and is the sponsor of the new bill: Senate Bill 72.

The original bill allowed the Alabama Medical Cannabis Commission (AMCC) to issue a maximum of five integrator licenses. An integrator can grow, process, transport, and sell medical cannabis. This was seen as the most desirable of the licenses and over thirty business entities applied for these five licenses. Parties who did not receive a license award in June 2023 filed a myriad of licenses. Attempts by the AMCC to resolve the legal impasse by revoking the license awards in August 2023, and again in December 2023 had the same result. SB72 would limit the ability of a denied applicant to tie up the program with legal challenges and delay tactics.

According to the synopsis: "Under existing law, the Alabama Medical Cannabis Commission is responsible for issuing licenses for medical cannabis facilities. The commission must comply with certain administrative procedures when denying, revoking, suspending, or restricting a license.

This bill would delete a provision requiring the commission to hold an investigatory hearing after the denial of a license.

This bill would provide that the denial or granting of a license is final and conclusive and any form of relief ordered by a court that would have the effect of preventing the commission from issuing a license or invalidating a license previously awarded is immediately appealable to the Alabama Supreme Court.

Also under existing law, the commission may issue five integrated facility licenses, which allows for cultivation, processing, and dispensing of medical cannabis. This bill would increase the number of integrated facility licenses that may be granted to seven licenses.

This bill would require the commission to hire a consultant to select from the pool of applicants that previously submitted an application for a license by previously submitted an application for a license by December 31, 2022, those applicants that will be awarded a license based on the qualifications and procedures set forth in the medical cannabis laws.

This bill would also require the commission to grant licenses to the applicants selected by the consultant and would provide that the selection determination made by the consultant is considered a final determination made by the commission for all legal purposes."

The text specifies that on February 1, 2026, applicants selected by the consultant will be notified. It also states that the officers and employees of the consultant will be immune from civil liability for actions performed under this section.

SB72 has been referred to the Alabama Senate Committee on Agriculture and Forestry.

Tuesday will be Day 6 of the 2025 Alabama Regular Legislative Session.

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