Sen. Tim Melson, a Republican representing portions of Lauderdale and Limestone counties, said he intended for SB72 to streamline the licensing process by requiring the Alabama Medical Cannabis Commission to bring in a “nationally recognized” consulting agency to decide which facilities should be issued licenses, effectively restarting the application process.

But after protesting the bill that would restart the licensing process for integrated medical cannabis facilities, Amanda Taylor, a Cullman County medical cannabis patient and advocate, said the bill’s sponsor, Melson, suggested she could get medical cannabis “off the street.”

In a video posted to Taylor’s Facebook page following the meeting Wednesday, Feb. 26, she said one of the committee members had told her she should “just get what she needs off the street,” rather than holding out for legal medical cannabis.

Speaking to The Times on Thursday, Feb. 27, Taylor confirmed that it had been Melson — a licensed anesthesiologist and member of the American Medical Association — who had made the suggestion in response to her comments after the committee meeting.

“After the meeting he [Melson] put his hand on my shoulder and assured me that he was doing everything he could to move this forward and I said, ‘No you’re not.” He actually said I need to get over myself and asked why can’t I just get it [cannabis products] off the streets,” Taylor said.

Taylor, who suffers from a number of conditions such as multiple sclerosis that include lesions on her brain and spine, said she had previously praised Melson’s efforts to bring medical cannabis to Alabama patients, but, was hurt and taken aback to hear what she considered to be an irresponsible recommendation from a member of the medical community.

“It’s quite obvious now to me that his attention is not on the patients at this point. If it were then he wouldn’t tell someone as sick as myself to get it off the streets where I don’t know where it was grown or what chemicals are in it. Cannabis itself is not dangerous, but in the hands of someone who doesn’t know the proper way to grow it, it can be detrimental,” Taylor said.

“At one point he was a hero to me, but I have zero respect for him at this point in my life.”

The Times left messages with Melson’s office seeking clarification on his statements Thursday, Feb. 27. Reaching back out to The Times Sunday, March 2, Melson said he believed Taylor had misunderstood his statements and that he had been referring to legal products containing THC derived from hemp.

“I was talking about how she could go to a Delta-8 shop or something. I wouldn’t expect her to go and break the law to buy cannabis off the street. She misunderstood that,” Melson said. “She should have known better than I would tell her to go buy something from a drug dealer. But, that’s the problem when you have these quick conversations in the middle of all this other stuff.”

During a follow-up interview with The Times on Monday, March 3, Taylor disputed Melson’s version of the conversation.

“There is no possible way he meant anything else. He very clearly said to me, ‘Why can’t you just get what you need off the street.’ Delta-8 isn’t sold on the street, it’s sold in stores. He said what he said. There was no miscommunication,” Taylor said.

Inhalant and edible Delta-8, Delta-9 and Delta-10 products are commonly sold at gas stations, vape stores, online and other specialty CBD retailers through legal loopholes despite potential health risks. Its packaging lists items such as micro- and macrodoses of “psychedelics” and “nootropics.”

In a separate piece of legislation  — SB132 — Melson has proposed classifying all psychoactive cannabinoids, including those which he said he intended to suggest to Taylor, as a Schedule 1 controlled substance.

Melson said he had presented members of the Senate Healthcare Committee a substitute version of SB132 which dials back some of the language around Delta-8 products.

“It will just make it where they have to be out of reach of kids,” he told The Times.

The current, original version of SB132 specifies these products are already not available to minors under existing Alabama statutes.

“Under existing law, these psychoactive cannabinoids sold in Alabama may not be sold to minors and must be located in an area where minors cannot access the products,” the bill states.

Taylor said she also plans to speak in opposition of SB132.

“I’m going to continue to pray for the members of these committees so that they will show us [medical cannabis patients] compassion because there was no compassion at all in what he said,” Taylor said.

The Darren Wesley Hall Compassion Act — sponsored by Melson — created the AMCC and regulated the production and distribution of certain medical cannabis products when it was approved by the Alabama Legislature in 2021. The law also set limits on the number of licenses the AMCC is allowed to issue.

Alabama’s medical cannabis program has yet to come to fruition due to ongoing legal blockades filed by facilities whose licensing applications were denied.

Facilities who failed to submit an application before the previous 2022 deadline would be barred from participating in the new process being proposed.

The bill would also eliminate the current requirement for the AMCC to hold public investigatory hearings after it issues a denial and prevent Alabama courts from issuing injunctions due to a complaint from an unsuccessful applicant. Courts would be required to dismiss any ongoing claims.

Taylor previously worked closely with Melson in advocating for the passage of the Compassion Act. In 2021, as a result of her advocacy work, Taylor was invited to attend the bill’s signing which legalized medical cannabis in Alabama. Melson, presented her with an autographed copy of the bill and Gov. Kay Ivey personally thanked her for her work and dedication in advocating for the bill.

However, during a committee hearing Wednesday, Feb. 26, she criticized SB72 as a move which would create additional delays for would-be medical cannabis patients in accessing medicine.

“While this might appear to be a reasonable action on the surface, in reality it will create further delays, more litigation and more suffering for patients who have waited too long,” Taylor said.

Taylor acknowledged several issued which arose during the first two rounds of license issuances from the AMCC, but said those issues had been fully addressed and resulted in a much more transparent process.

Taylor said SB72 stood in contrast with the current AMCC process granting a third-party agency full control of licensing and urged the committee to allow the ongoing legal process to play out rather than rescinding the currently awarded licenses and restarting the process.

“SB72 threatens to throw more chaos into an already exhausted system. This bill is vague, filled with poison pills and will only ensure that Alabama patients remain on the sidelines for at least another year,” Taylor said.

Joey Robertson, head of operations and public relations for Wagon Trail Hemp Farm in Cullman, also admitted his reservations with the initial licensing process, but praised the AMCC for recognizing the problems, halting the process and working with business owners to create a path forward.

On Wednesday, Feb. 26, Robertson said he appreciated legislators for attempting to expedite the licensing process, but said he did not believe additional legislation was the way to do so.

Robertson also questioned the involvement of an outside agency.

“The way forward is to stick with the AMCC, get behind the answers that they’ve given us because they’ve put countless hours of work into this to get to this point. The answer is not to bring in a third party that we know nothing about, we have no relationships with and they have no vested interest in how they’ve seen us grow and mature through the interview process over the years,” Robertson said. “Why we would change the process now other than to give individuals who are making the most noise another bite at the apple is beyond me.”

Antoine Mordican, the owner of Native Black Cultivation, noted the bill would negate the investments that independent license holders have made in favor of larger, vertically integrated operations.

“Those who have done everything right, invested millions into our operations and paid our annual license fees twice, still have zero revenue to show for it. SB72 would be detrimental to independent businesses like mine,” Mordican said.

The committee did not take any action of SB72 as Melson stated his plans to offer a substitute in the near future.

Patrick Camp may be reached by email at patrick.camp@cullmantimes.com or by phone at 256-734-2131 ext. 238.