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

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.