Alabama Always expands legal warfare against state cannabis commission to federal court

BIRMINGHAM, AL – May 13, 2025 – Alabama Always, LLC, an applicant for an integrated license in the state's medical cannabis program, has kept the Alabama Medical Cannabis Commission from issuing cannabis licenses with a host of actions in state courts since 2023. Now they have filed a federal lawsuit against members of the Alabama Medical Cannabis Commission (AMCC), alleging that Commissioners and staff violated its First Amendment and Fourteenth Amendment rights under the United States Constitution.

According to the lawsuit, filed in the U.S. District Court for the Middle District of Alabama, Alabama Always asserts that members of the AMCC repeatedly retaliated against it for criticizing the Commission for violating Alabama law. Alabama Always claims in its lawsuit that it has the right to criticize the Commission under the First Amendment to the United States Constitution.

"This case is about the right to express your opinions and to petition the government for a redress of your grievances, pure and simple. It's among the most important rights that we have as Americans," said Will Somerville, an attorney for Alabama Always. "Our company followed the rules. We met the qualifications. Yet we were denied-again and again-and when we pointed out that the Commission violated the law, they retaliated against us for exercising our constitutional rights."

"We have gone to court repeatedly to point out the instances where the Commission was not following Alabama law as they insist on giving cannabis licenses to some companies that do not meet the license requirements in the cannabis statute," said Ben McNeil, an Alabama Always board member. "Some Commissioners by their words and actions have made it clear that they are offended by our lawsuits, and they intend on retaliating against us. Since they refused to discuss this with us to try and come up with a fair process, going to court was the only way we could try and make them follow the law."

Defendants named in the suit include AMCC commissioners, who are being sued in their individual capacities under 42 U.S.C. § 1983 for violations of clearly established constitutional

rights.

"We have had some success," continued McNeil. "A Circuit court recently found they violated the Administrative Procedures Act and set aside the license awards they made in December of 2023. Based on their public statements, we don't believe the Commission as currently constituted can or will be fair to our company in the process going forward. We made a formal complaint about this to the Commission and we were ignored. So today we are filing suit in Federal Court for their violation of our rights under the First Amendment to seek redress of our grievances in courts of law."

Alabama Always is seeking to recover compensatory damages.

"The people of Alabama deserve a medical cannabis program that is fair, lawful, and free from political manipulation," Somerville added. "This lawsuit is a step toward ensuring that promise is fulfilled."

The Alabama Legislature passed legislation legalizing medical cannabis in the state of Alabama in 2021. That legislation established the Alabama Medical Cannabis Commission and tasked them with writing the regulations for the industry and awarding the licenses. The first license awards were made in June 2021. Alabama Always did not get a license award. They sued. In August of 2023 the Commission attempted a do-over. Alabama Always again did not get a license award so again went to court. In December the commission vacated all of the existing license awards and allowed all 36 of the applicants to present their case before the commission. The Commission again elected to award five other companies the licenses rather than Alabama Always. Again Alabama Always went to circuit court. The Alabama Legislature elected in 2024 and 2025 not to intervene and increase the number of integrated licenses. The Alabama Court of Civil Appeals lifted the temporary restraining order (TRO) that was preventing the commission from issuing the licenses. Montgomery Circuit Court Judge James Anderson followed that by vacating the 2023 licenses. Alabamians with a doctor diagnosed qualifying medical condition will have to wait until 2026 (at the earliest) to lawfully purchase medical cannabis. Meanwhile the attorneys will continue with their myriad of lawsuits and ongoing litigation.