Judge Assigns Mediator to Resolve Medical Cannabis Conflict

A judge in Alabama has appointed a mediator to help resolve the state’s legal dispute over medical cannabis licenses, which has delayed the program for three years.
Montgomery Circuit Judge James Anderson named retired Circuit Judge Eugene Reese as the mediator to find a resolution to the dispute over who will receive licenses to grow and distribute medical marijuana.
Anderson said mediation “is appropriate in this case and could result in the speedy and just resolution of the dispute.”
Alabama lawmakers first approved a medical cannabis program in 2021.
Described as an “emotional issue” by Republican Governor Kay Ivey’s team at the time, the decision had been preceded by years of resistance and a series of side switching from representatives who came around to the issue, resulting in a 68-34 vote to pass the bill.
Since the ruling, companies denied licenses have accused the Alabama Medical Cannabis Commission of violating state laws and rules.
More than a dozen conditions, including cancer, a terminal illness, depression, epilepsy, panic disorder and chronic pain would allow a person to qualify.
The bill would allow marijuana in forms such as pills, skin patches and creams but not in smoking or vaping products.
Will Somerville, attorney for Alabama Always, one of the companies denied a license, praised the decision to send the case to mediation. “The mediation is an attempt to get people to agree on a new set of rules to do the investigative process. It’s really intended to speed the process up,” Somerville told ABC News.
The Alabama Medical Cannabis Commission began accepting applications for licenses in 2022 but has rescinded the awards twice, citing issues with the selection process.
In July, Judge Anderson blocked the issuance of some licenses, citing “serious questions” about whether the third round of awards was valid.
The delay in implementing the program has caused frustration among patients.
Amanda Taylor, an advocate who used medical cannabis for multiple sclerosis in Arizona, expressed disappointment with the ongoing legal fight in her home state.
“This is fueled by greed, and the patients are not being shown any compassion. It’s a feast for the lawyers at the expense of the citizens’ health and quality of life,” she said.
The companies that won licenses want the program to move forward, but mediation offers a potential path to settle disputes without more court rulings. If the process succeeds, it could break the stalemate and allow patients to finally access medical cannabis.
The struggle in Alabama mirrors similar conflicts in other states.
Florida, for example, saw litigation over a license cap after voters approved a medical marijuana program in 2016. Currently, 24 states have legalized recreational marijuana, according to Pew Research Center, and a further 38 states have legalized the use of medical marijuana.
Florida voters will decide on the matter November through Amendment 3.
Amendment 3, known as the Adult Personal Use of Marijuana initiative, would allow adults 21 and older to legally possess, use, and purchase marijuana for personal, non-medical purposes.
If approved, the amendment would authorize existing medical marijuana treatment centers to sell marijuana for recreational purposes.
Former president Donald Trump came under fire from his Republican peers recently for his thoughts on the vote, posted to his platform Truth Social.
He said that Florida should not “ruin lives & waste Taxpayer Dollars,” arresting adults with personal amounts of the drug on them, and no one should “grieve a loved one because they died from fentanyl laced marijuana” in the state.
“Whether people like it or not, this will happen through the approval of the Voters, so it should be done correctly,” Trump said.
“We need the State Legislature to responsibly create laws that prohibit the use of it in public spaces, so we do not smell marijuana everywhere we go, like we do in many of the Democrat run Cities.”
This article includes reporting from The Associated Press