“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.