By Alander Rocha, Alabama Reflector
On Monday, a medical cannabis company filed a lawsuit against the Alabama Medical Cannabis Commission. The company claimed that the AMCC could not revoke licenses. It also claimed its power was “in excess of and in conflict with the authority granted to it by Alabama Legislature.”
Verano Holdings of Chicago, with a chapter in Alabama, was awarded an integrated facility during the first round in June. The company did not receive a license during a second award round in this month after the commission halted the awards over concerns about how the initial scores were calculated.
“Regardless of whether the commission intended to issue the stay, and then’re-award,’ the licenses it had previously granted, its decision to ‘void’ the licenses it had previously awarded without following the Legislature’s – and its own – clearly established rules and regulations exceeds and breaches the statutory authority that it has been given, violates its rule, and it is clearly incorrect. Verano Alabama’s license is still valid, according to the lawsuit.
The statement stated that although the Administrative Procedure Act and the AMCC rules establish a way to challenge the AMCC’s decisions to award or deny licenses, they do not allow the AMCC the power to “void” licenses previously granted on its own.
Brittany Peters did not respond to a comment request from the AMCC spokesperson.
The University of South Alabama brought in evaluators to review the initial license applications. Verano was the company with the highest score by USA, and they were awarded a license in June. The AMCC halted the process after a number of “inconsistencies in scoring” the applications. On June 12, the license was awarded to Verano.
The licenses were awarded on August 10, ending a two-month wait for them amid concerns about transparency in scoring applications. The commission issued a stay of licenses less than a week following the announcement. They cited “scoring inconsistencies”, which would have resulted in “catastrophic results” if they were granted.
Verano’s attorney received a message on Monday.
Alabama Always, which did not receive a license from the commission in either of its two rounds, has brought two lawsuits. In the first lawsuit, Alabama Always alleged that the Commission had violated a clause regarding the appointment of Steven Stokes as a USA trustee. Stokes announced his resignation earlier this month, saying that he didn’t want to slow the process.
In a second lawsuit, it is alleged that the commission members were told to place their nominations inside an envelope in the executive session and then vote on the top companies at the meeting of August 10, in violation of state law.
Last week, Montgomery County Circuit Court Judge James Anderson halted Alabama’s medical marijuana program due to the lawsuit. The stay was imposed after a heated AMCC hearing, where the attorney suggested that the commission would be airing applicants’ dirty laundry. The hearing for Alabama Always’ lawsuit has been set for August 28, 2018.
Will Somerville said, after the hearing held last week, that if the commission had “done things the right way,” the process would not have been delayed.
The delay was caused by the refusal of their staff to always follow the law. They continue to do things that they shouldn’t. Somerville stated, “And they are stuck.”
This article was originally published by Alabama Reflector.
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The post Verano Sues Alabama Medical Marijuana Regulations Over Decision Not to Award License in Second Round first appeared on Marijuana Moment.
