Appeals court strikes down case holding back medical cannabis licenses

March 10, 2025

‘Folks are actually out here dying’: Cannabis cultivator celebrates Alabama licensing ruling

This spring marks four years since Alabama legalized medical marijuana.Then, in 2023, an applicant who wanted to supply cannabis sued the state over its licensing protocols.That challenge brought the process to a screeching halt. “That’s when the restraining order got put on the program, and we’ve been jam-locked since then,” licensed cannabis cultivator Antoine Mordican said. Mordican produced his first crop last summer, but there was no way to provide it to sick patients.“We pretty much got product sitting on ice, just waiting for our opportunity to open up the industry,” Mordican said.Then, on Friday, a new ruling came out striking down the 2023 restraining order. “I was ecstatic. I was ecstatic because now it finally gives us the release that we need,” Mordican said.In its order Friday, the Alabama Court of Civil Appeals ruled that the local judge lacked jurisdiction.So, the court voided the lower court’s order and stated in its ruling that it could not be appealed. John McMillan, director of the Alabama Medical Cannabis Commission, is celebrating the ruling.”We are hopeful that this decision will remove the obstacles that have prevented the commission from completing the licensing process and doing the work the law charged it to do,” McMillan said.The decision could now give cultivators and their cannabis crops a chance to deliver the relief the law intended.“It’s a very exciting time because now we see the light, you know, we feel the light on our face at the end of the tunnel,” Mordican said.He is hopeful his crop will bring medical relief across the state by this summer. On Monday, the AMCC announced that labs that would like to apply for a state testing laboratory license have until March 14 to request an application and until April 16 to submit it.

This spring marks four years since Alabama legalized medical marijuana.

Then, in 2023, an applicant who wanted to supply cannabis sued the state over its licensing protocols.

That challenge brought the process to a screeching halt.

“That’s when the restraining order got put on the program, and we’ve been jam-locked since then,” licensed cannabis cultivator Antoine Mordican said.

Mordican produced his first crop last summer, but there was no way to provide it to sick patients.

“We pretty much got product sitting on ice, just waiting for our opportunity to open up the industry,” Mordican said.

Then, on Friday, a new ruling came out striking down the 2023 restraining order.

“I was ecstatic. I was ecstatic because now it finally gives us the release that we need,” Mordican said.

In its order Friday, the Alabama Court of Civil Appeals ruled that the local judge lacked jurisdiction.

So, the court voided the lower court’s order and stated in its ruling that it could not be appealed.

John McMillan, director of the Alabama Medical Cannabis Commission, is celebrating the ruling.

“We are hopeful that this decision will remove the obstacles that have prevented the commission from completing the licensing process and doing the work the law charged it to do,” McMillan said.

The decision could now give cultivators and their cannabis crops a chance to deliver the relief the law intended.

“It’s a very exciting time because now we see the light, you know, we feel the light on our face at the end of the tunnel,” Mordican said.

He is hopeful his crop will bring medical relief across the state by this summer.

On Monday, the AMCC announced that labs that would like to apply for a state testing laboratory license have until March 14 to request an application and until April 16 to submit it.