An Alabama judge appoints a mediator in a long-running medical marijuana dispute

A judge on Tuesday appointed a mediator in the long-running dispute over who gets licenses to grow and sell medical marijuana in Alabama.

Montgomery Circuit Judge James Anderson named retired Circuit Judge Eugene Reese to act as mediator in the case. Anderson wrote that he believed the use of mediation “is appropriate in this case and could result in the speedy and just resolution of the dispute.”

Alabama lawmakers in 2021 approved a medical cannabis program that would allow people to access marijuana for certain medical conditions. But three years later, medical marijuana remains unavailable in Alabama amid a sprawling legal fight over the process used to award licenses to grow and sell the products. The delay has frustrated patients who cheered the Legislature’s approval of the program.

Companies who were denied licenses have accused the Alabama Medical Cannabis Commission of violating state law and administrative rules in selecting winners. They have challenged the commission's rules for holding investigative hearings. Companies that have won licenses had urged Anderson to let the program proceed.

Will Somerville, an attorney representing Alabama Always, which was not awarded a license, praised the decision to send the case to mediation. He said the mediator will try to establish a path forward rather than decide who gets a license.

"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 said.

The Alabama Medical Cannabis Commission declined to comment on the mediation order.

The commission began accepting applications for licenses in 2022 and has attempted to award licenses three times. The commission rescinded the awards twice. Anderson in July issued a temporary restraining order blocking the issuance of some of the licenses, saying there was a “serious question” whether the third round of awards was also invalid.

A similar fight played out several years ago in Florida. Florida voters in 2016 voted to create a medical marijuana program, but litigation followed over a license cap.

More states have moved on to allowing recreational use. Twenty-four states have legalized recreational use of marijuana, according to the Pew Research Center, and Florida voters will decide whether to legalize recreational marijuana this November.