Appeals court voids restraining orders against Alabama Medical Cannabis Commission

March 21, 2025

MONTGOMERY, Ala. (WBMA) — The Alabama Court of Civil Appeals voided four additional temporary restraining orders against the Alabama Medical Cannabis Commission (AMCC), according to a decision released Friday. The unanimous ruling directs the Montgomery County Circuit Court to vacate the orders concerning three integrated facility license applicants and one dispensary license applicant.

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The appellate court reiterated that the AMCC’s administrative process is not final, and therefore, the circuit court lacked jurisdiction over the claims leading to the restraining orders.

“We are pleased that the Court of Civil Appeals has once again affirmed that investigative hearings and not lawsuits are the next right step in implementing Alabama’s medical cannabis program,” said Director John McMillan. “I appreciate the work of our legal team and trust that today’s decision will go a long way toward ending the premature litigation against the Commission.”

The decision aligns with a previous ruling from two weeks ago that voided a similar order in the Alabama Always case. Both decisions support the Commission’s stance that its license award decisions are not final until the investigative hearing process is completed. Following these hearings, the Commission will consider the findings of an impartial hearing officer and issue a final order, which will then be subject to judicial review.

“Once again, we see more hope for suffering patients in Alabama to finally realize the benefits of medical cannabis products,” said Commission Chairman Rex Vaughn. “We look forward to starting the hearing process so that the needs of those patients will finally prevail.”

The Commission has completed the investigative hearing process and issued licenses in several categories, including cultivator, processor, secure transporter, and state testing laboratory. However, the Circuit Court has enjoined the AMCC from taking any action, including conducting investigative hearings, in the dispensary and integrated facility license categories, despite the Commission’s administrative stay.

Under Alabama’s medical cannabis program, registered certifying physicians may recommend medical cannabis to patients diagnosed with conditions such as autism spectrum disorder, cancer-related pain, Crohn’s Disease, epilepsy, PTSD, and more. Permitted medical cannabis products include tablets, capsules, tinctures, and oils, while smoking, vaping, and food products are prohibited.