Alabama Always, LLC, a company seeking an integrated license under the state’s medical cannabis program, has filed a federal lawsuit against members of the Alabama Medical Cannabis Commission, alleging retaliation and constitutional violations.
Filed in the U.S. District Court for the Middle District of Alabama, the suit claims that AMCC commissioners and staff violated Alabama Always’s First and Fourteenth Amendment rights by retaliating against the company for publicly criticizing the Commission’s actions. The complaint asserts that AMCC members denied the company a license multiple times and ignored its formal grievances in response to legal challenges.
“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, 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.”
Alabama Always Board Member Ben McNeil echoed those concerns, pointing to a history of litigation over the licensing process.
“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,” McNeil said. “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 lawsuit include individual AMCC commissioners, who are being sued under 42 U.S.C. § 1983 for alleged violations of “clearly established” constitutional rights. The company is seeking compensatory damages.
McNeil also noted a recent court victory: “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.”
Somerville said the legal action is about more than one company’s fight for fairness.
“The people of Alabama deserve a medical cannabis program that is fair, lawful, and free from political manipulation,” he said. “This lawsuit is a step toward ensuring that promise is fulfilled.”
The lawsuit marks yet another chapter in the ongoing turmoil surrounding Alabama’s rollout of its long-delayed medical cannabis program. With court battles, license reversals, and accusations of political favoritism continuing to plague the process, Alabama Always’ federal case underscores broader concerns about transparency, fairness and the rule of law in the administration of a program that was intended to bring relief to patients—not more bureaucracy and controversy.
