“If the circuit court judge doesn’t take any other action besides what the commission has done, then that stay will probably be removed.”
By Anna Barrett, Alabama Reflector
The Alabama Medical Cannabis Commission (AMCC) Monday extended a stay on a dispensary due to ongoing litigation.
The Yellowhammer Medical Dispensary with locations planned in Birmingham, Owens and Demopolis, was the only dispensary that was not granted a license by the commission at its December meeting, due to a recommendation from an administrative law judge.
Justin Aday, the commission’s general counsel, recommended on Monday that the stay be extended to the commission’s February meeting due to an appeal in ongoing litigation.
“I think it would be best to extend the stay on Yellowhammer Dispensaries until the appeal has been resolved,” Sam Blakemore, a pharmacist and commissioner, said.
The legislation that created the Commission allowed four dispensaries to be licensed. Three of those, GP6 Wellness, RJK Holdings and CCS of Alabama, received licenses in December. Yellowhammer was granted a license, but a fifth dispensary, Capitol Medical, appealed the licensure to an administrative law judge.
CCS of Alabama has planned locations in Montgomery and Talladega, according to its application submitted to the commission. The commission on Monday approved a relocation 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 Attalla, according to its application submitted to the commission.
John McMillan, the director of AMCC, said in an interview Tuesday that the litigation has moved to the Montgomery County Circuit Court of Appeals, where Capitol Medical filed a temporary restraining order on Friday to prevent the three other dispensaries from proceeding with preparing their storefronts. Yellowhammer also filed an appeal in the same court to get their license.
“If the circuit court judge doesn’t take any other action besides what the commission has done, then that stay will probably be removed, and Yellowhammer will be allowed to go ahead and be issued a license and get to work,” McMillan said.
Should Montgomery Circuit Court Judge James Anderson grant Yellowhammer’s appeal, McMillan said the Commission would likely approve its license at its February 12 meeting.
“So, bartering any other hiccup litigation wise, I think by mid- to late March is a chance we could have product on the shelves in the dispensary,” McMillan said.
McMillan previously predicted that the product would be on shelves by the end of 2025.
The Alabama medical cannabis law, enacted in 2021, allows registered physicians to recommend cannabis for about 15 medical conditions, including cancer, depression, Parkinson’s Disease, PTSD, sickle-cell anemia, chronic pain and terminal diseases. The approved product forms are restricted to tablets, tinctures, patches, oils, and gummies (only peach flavor), with raw plant material and smokable forms remaining prohibited.
People who suffer from the qualifying conditions must get approval from their physician and enter the patient registry in order to buy products at a dispensary. Litigation has also held up access to medical cannabis.
Some firms sued the commission for not being awarded a license, citing a discriminatory process. Another case involved five parents that sued the commission over delays in access to cannabis. That lawsuit was dismissed in August.
Aday said that the commission has approved five physicians and is considering more applications.
“The next step for those physicians that the board has approved is to register with the commission and to get into the patient registry system so that when they begin seeing patients and making recommendations, they have the ability to enter those 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 *pending license approval in February
- Birmingham, Owens and Demopolis
This story was first published by Alabama Reflector.
Photo courtesy of Chris Wallis // Side Pocket Images.
