Connect with us

Cannabis News

Alabama Medical Marijuana Regulators Extend Stay On Dispensary Due To Ongoing Litigation

Published

on

“If the trial judge doesn’t take any action other than what the commission did, that suspension will likely be lifted.”

By Anna Barrett, Alabama Reflector

The Alabama Medical Cannabis Commission (AMCC) on Monday extended its stay at a dispensary due to an ongoing lawsuit.

Yellowhammer Medical Dispensary, which has planned locations in Birmingham, Owens and Demopolis, was the only dispensary not granted a license by the commission at its December meeting, following a recommendation from an administrative law judge.

The commission’s general counsel, Justin Aday, recommended Monday that the stay be extended to the commission’s February meeting because of an appeal in the ongoing litigation.

“I think it would be best to extend the stay at Yellowhammer Dispensaries until the appeal is resolved,” said pharmacist and commissioner Sam Blakemore.

The legislation that created the commission authorized four dispensaries. Three of them, GP6 Wellness, RJK Holdings and CCS of Alabama, received their licenses in December. Yellowhammer was granted a license, but a fifth dispensary, Capitol Medical, appealed the license to an administrative law judge.

CCS of Alabama has planned locations in Montgomery and Talladega, according to an application submitted to the commission. The board on Monday approved the move from Cullman to Bessemer for a third location.

RJK Holding has planned locations in Oxford, Daphne and Mobile, according to its website.

GP6 Wellness has planned locations in Birmingham, Athens and Atalla, according to an application submitted to the commission.

John McMillan, director of AMCC, said in an interview Tuesday that he took the case to Montgomery County Court of Appeals, where Capitol Medical filed for a temporary restraining order Friday to prevent the other three dispensaries from continuing to set up their storefronts. Yellowhammer also appealed the license in the same court.

“If the circuit court judge takes no action other than what the commission did, that stay will likely be lifted, and Yellowhammer will be allowed and licensed and allowed to go to work,” McMillan said.

If Montgomery Circuit Court Judge James Anderson were to accept Yellowhammer’s appeal, McMillan said the Commission would likely approve its license at its Feb. 12 meeting.

“So, barring any other issues, I think we could have the product on dispensary shelves by mid-to-late March,” McMillan said.

McMillan predicted the product would be on shelves by the end of 2025.

Alabama’s cannabis law, passed in 2021, allows registered doctors to prescribe cannabis for about 15 medical conditions, including cancer, depression, Parkinson’s disease, PTSD, sickle cell anemia, chronic pain and terminal illnesses. Acceptable product forms are limited to tablets, tinctures, patches, oils, and gummies (peach flavor only), herbal raw materials and smoking forms are prohibited.

People suffering from the conditions must obtain a doctor’s authorization and enter the patient registry to purchase products at a pharmacy. Lawsuits have also hindered access to medical cannabis.

Some companies sued the commission for not issuing licenses, citing a discriminatory process. In another case five parents sued the board over delays in accessing cannabis. That case was dropped in August.

Aday said the committee has accepted five doctors and is considering more applications.

“The next step for those doctors who have been approved by the board is to register with the board and go into the patient registry system so that when they start seeing patients and making recommendations, they have the ability to go into the patient registry,” Aday said.

Dispensary locations:

  • CCS of Alabama, LLC
    • Montgomery, Bessemer and Talladega
  • GP6 Wellness, LLC
    • Birmingham, Athens and Attalla
  • RJK Holdings, LLC
    • Oxford, Daphne and Mobile
  • Yellowhammer Medical Dispensary, LLC *awaiting license approval in February
    • Birmingham, Owens and Demopolis

This story was first published by the Alabama Reflector.

Photo by Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Maximizing cannabis yields with intercanopy and subcanopy lighting

Published

on

By







Continue Reading

Cannabis News

Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

Published

on

By

A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Experts say THC percentage is the wrong way to shop for cannabis

Published

on

By


Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media