Background on the Federal Lawsuit

On May 13, 2025, Alabama Always, LLC filed a federal complaint in the U.S. District Court for the Middle District of Alabama. The company named members of the Alabama Medical Cannabis Commission, both individually and in their official capacities, alleging retaliatory behavior and constitutional violations tied to the state’s medical cannabis licensing process.

Alabama Always, a firm that applied for an integrated facility license, asserts that despite fulfilling all statutory and regulatory requirements, its application was repeatedly denied. According to the lawsuit, these denials were not based on merit or compliance issues but were in response to the company’s public criticisms of the commission. Specifically, Alabama Always contends that its leadership voiced concerns about irregularities and potential legal violations by the commission, and were subsequently penalized for doing so.

The complaint cites infringement of the First Amendment, claiming the denials constitute retaliation for protected speech. In addition, the company argues that the commission’s opaque decision-making process, and failure to provide adequate explanation or recourse, violated its rights under the Fourteenth Amendment’s due process clause.

Ongoing Legal Challenges

This lawsuit is the latest development in what has become a turbulent rollout of Alabama’s medical cannabis program. In recent months, the state’s licensing efforts have been plagued by accusations of flawed scoring procedures, insufficient transparency, and repeated legal interventions. In April 2025, a Montgomery County Circuit Court judge invalidated the licenses awarded in late 2023, citing violations of the Open Meetings Act and other procedural missteps.

As a result of these ongoing conflicts, the Alabama Medical Cannabis Commission has been forced to pause or revise licensing rounds multiple times. Applicants, including Alabama Always, have reported shifting rules, inconsistent scoring criteria, and inadequate communication from regulators. These issues have not only delayed business operations but have also prevented eligible patients from accessing medical cannabis products nearly four years after the enabling legislation was passed.

Multiple lawsuits, both at the state and now federal level, reflect growing discontent among stakeholders. Applicants claim that the commission has created an arbitrary and exclusionary process that favors certain companies over others, undermining confidence in the program’s integrity.

Implications for the Medical Cannabis Program

The federal lawsuit filed by Alabama Always highlights the increasingly complex and contentious legal landscape surrounding cannabis in Alabama. While the state has taken formal steps toward establishing a regulated medical cannabis market, the constant stream of litigation has slowed implementation and created uncertainty for all parties involved.

If the court finds in favor of Alabama Always, the decision could set a legal precedent regarding how states must structure and manage cannabis licensing programs—especially with respect to applicants’ constitutional rights. It may also open the door for additional federal scrutiny of the AMCC’s operations.

In the meantime, the delays continue to impact patients seeking access to approved medical treatments. Without a fully operational licensing system, physicians and patients remain in a state of limbo. Advocacy groups have begun calling for legislative oversight or potential restructuring of the commission to ensure the original goals of the medical cannabis law are realized.

As the case moves forward, its outcome will be closely watched not only in Alabama but in other states navigating similar regulatory challenges.

 

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