By Alander Rocha, Alabama Reflector
A medical cannabis firm embroiled in litigation against the Alabama Medical Cannabis Commission filed a motion Friday for a temporary injunction, and before a meeting of the AMCC on Thursday.
Alabama Always, that sued the commission for alleged procedural inconsistencies in June, August, and in July regarding the appointment of Steven Stokes as former chair , claimed in the new filing AMCC had “repeatedly” violated the [Alabama Administrative Procedure Act].
The lawsuit alleges that the Commission did not comply to a requirement for applicants to show that they can begin cultivating within 60 day and that it improperly changed rules regarding a scoring system, and an application guide.
The motion stated that “At its October 13, 2022 meeting the [AMCC] had discussed the creation of application guides containing a scoring process which deviated significantly from the statutes and regulations.”
Negotiations between AMCC, private companies and the government over licensing for medical cannabis cultivation and distribution appear to be at a standstill.
Will Somerville said that Alabama Always’ attorney, Will Somerville in an interview on Monday, has not heard from the commission since the plaintiffs made their proposal during negotiation.
I don’t understand what they are doing. Have [negotiations] failed? I don’t really know. Are they still going on? No. No. We thought the proposal was fair. We haven’t heard from them since,” Somerville stated.
AMCC Director John McMillan told me over the phone that while the AMCC is leaving negotiations to lawyers, “nothing will make anyone happy”.
He said, “I do not know the endgame except to continue to file until the end of the time.”
In the filing, AMCC was accused of not only violating the Administrative Procedure Act for not publishing rules but also not providing a period to “notice and comment”.
The motion said that “due to repeated mistakes in the licensing process, the Compassion Act directive to get medical marijuana to those who need it was frustrated.” The motion stated that “the commission and staff blame Alabama Always, other litigants and the Commission for the delays. But the real fault lies with the Commission’s failure to follow the laws.”
In June , Montgomery Circuit Court judge James Anderson blocked the state’s medical cannabis program due to issues raised by Alabama Always. AMCC has halted the process by itself.
Somerville stated that he had not heard from the commission for three and a quarter weeks. He wanted to know Alabama Always’s stance before the next meeting, which is scheduled for Thursday.
He said, “I have no idea what they are doing.”
The lawsuit filed on Friday requested that the Montgomery Circuit Court impose an order to prohibit the commission from using the “illegal scoring system,” used previously. It also asked the court to require the AMCC unredacting all application information except for personal identifying information (PII), personal financial information (PFI) and legitimate trade secrets.
The motion stated that “the only way to bring the process back on course and ensure that medical marijuana is made readily available to those who need it is for the Court to order the Commission not to use the illegal scoring system and instead to award licenses in accordance with the Compassion Act requirements and the Commission’s regulations.”
In addition, the filing alleged that “inappropriate redactions” prevented “proper comparisons between applicants”.
According to the motion, “many applicants, including those who received initial awards heavily redacted their application, hiding critical information such as their facility location so that members, other applicants and the public, could not verify if they were able to meet the statutory criteria and regulatory criteria.”
Somerville acknowledged that redaction issues had been raised, but added “it’s now time for the court to take action.”
He said that it would be beneficial for other applicants as well as the press and the public to be able see if this applicant has the capability to produce medical marijuana.
The AMCC’s vote on Thursday, at the scheduled meeting is not clear. The commission cancelled its meeting in September because AMCC’s counsel and plaintiffs could not agree on a solution.
McMillan stated Monday that “the rest will take care of itself.” The commission must decide what it will do Thursday.
Some companies who have been awarded licenses both times feel entitled to one.
McMillan stated, “We just have to figure it out. Judge Anderson is going to be a big part of that. I have confidence in him.”
This article was originally published by The Alabama Reflector.
The Lone Democrat who Opposed Marijuana Bank Bill in Senate Committee Explains his Vote
Photo by Chris Wallis // Side Pocket Images.
The post Alabama Cannabis Company files another new lawsuit over medical marijuana licensing process first appeared on Marijuana Moment.
