Alabama Always, LLC, a medical cannabis business, has initiated a federal lawsuit against the Alabama Medical Cannabis Commission (AMCC) in the U.S. District Court for the Middle District of Alabama. The lawsuit alleges that AMCC officials retaliated against the company for its public criticism and violated its First and Fourteenth Amendment rights during the licensing process.
The complaint notes that Alabama Always faced multiple rejections for an integrated license essential for participating in the state’s medical cannabis program. The company asserts that after it filed formal grievances regarding the AMCC’s practices, the Commission ignored its concerns and continued to deny its license applications.
Will Somerville, the attorney representing Alabama Always, stated, “This case is about the right to express your opinions and to petition the government for a redress of your grievances, pure and simple.” He emphasized that the company complied with all necessary regulations and met the qualifications for a license. “Yet we were denied—again and again—and when we pointed out that the Commission violated the law, they retaliated against us for exercising our constitutional rights.”
Board Member Ben McNeil highlighted ongoing issues with the AMCC, citing the frequent legal actions taken to challenge the Commission’s decisions. “We have gone to court repeatedly to point out instances where the Commission was not following Alabama law, as they insist on giving cannabis licenses to some companies that do not meet the license requirements in the cannabis statute,” he remarked. McNeil noted that some commissioners have expressed their discontent regarding the lawsuits, suggesting a retaliatory stance against Alabama Always.
The lawsuit names several individual AMCC commissioners, who are being accused under 42 U.S.C. § 1983 for violating constitutional rights. Alabama Always is seeking compensatory damages as part of the legal action. McNeil also referenced a recent court ruling that favored Alabama Always, where the court found that the AMCC had not adhered to the Administrative Procedures Act, resulting in the invalidation of certain license awards made in December 2023.
The ongoing litigation underscores widespread concerns about the integrity and fairness of Alabama’s medical cannabis program, which has faced numerous delays and criticisms since its inception. Somerville stated, “The people of Alabama deserve a medical cannabis program that is fair, lawful, and free from political manipulation. This lawsuit is a step toward ensuring that promise is fulfilled.”
This lawsuit highlights broader issues regarding transparency and the proper administration of the medical cannabis licensing process in Alabama, raising questions about the Commission’s adherence to legal standards and its impact on companies seeking to enter the market.
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