Parents of would-be medical cannabis patients in Alabama are suing the state Medical Cannabis Commission (AMCC) over the delays in implementing the medical cannabis program by the date mandated by law, according to Alabama Political Reporter. The lawsuit, filed by five parents, contends that the Darren Wesley “Ato” Hall Compassion Act, signed into law nearly five years ago, mandated the creation of a system to track qualified patients and caregivers, and used mandatory language requiring action by a specific deadline – giving the AMCC no discretion on timelines – but the state has not yet registered patients or caregivers.
“The Commissioners have failed to perform their nondiscretionary, ministerial duty,” the lawsuit states. “Mandamus is the only adequate remedy available.”
The lawsuit includes a snapshot of the years of disfunction at the AMCC – violations of the state’s Open Meetings Act and Alabama Administrative Procedure Act (AAPA) – calling them “egregious.”
“The Commissioners’ failure to establish a patient registry with actual patients has delayed the availability of medical cannabis to patients just as surely as the Commission’s repeated refusal to follow the Open Meetings Act and AAPA.” — State of Alabama ex rel. vs. Alabama Medical Cannabis Commission
Under the law, the Commission was directed to create the patient and caregiver registry by September 1, 2022. The rollout of the program has been plagued by lawsuits targeting the AMCC and its processes for years. Just last week, a Circuit Court of Montgomery County judge invalidated the AMCC’s decision to use an “emergency rule” to continue with the licensing process after two previous attempts were thwarted.
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