“The Commission will be subjected to endless litigation if it continues to use scores.”
By Alander Rocha, Alabama Reflector
The Alabama Medical Cannabis Commission (AMCC), which reset the licensing process on Thursday, has reopened the competition for all 90 applicants.
AMCC has revoked all licenses awarded and denied at an meeting held on August 10. This sets the stage for a new round of licenses to be granted under regulations adopted by a meeting of the commission on October 12.
Rex Vaughn said, “We decided to begin all over again as far as the awards,” after the AMCC meeting. It doesn’t really matter whether [uncontested in the court] or not. They’ll be all taken into account after the presentations.
The new procedure will allow the commissioners to use previous scores in deciding on awards. However, Vaughn repeatedly said, reading from a prepared speech during the meeting, that the commissioners have full discretion when “evaluating the suitability” of all 90 applicants.
New rules allow applicants to challenge deficiencies in their applications and score results. The public will be able to attend the presentations. The public will be able to attend the presentations.
Will Somerville is an attorney for Alabama Always, which has sued the commission in the past after it was denied licenses. He sent a letter Wednesday to the commission urging the commission to throw out scores given by the University of South Alabama this year.
Somerville wrote: “If scores are retained or considered in any manner, they will be used to attack award winners by applicants who do not receive a license.” The reality is, if the Commission uses the scores, this process will be subject to endless litigation.
Vaughn stated that after the Thursday meeting he was confident that the licensing procedure is now in a better state. He said that litigation will be a part of the work of the commission.
“The litigation will continue.” We are aware of this. Vaughn stated that this is going to be a part of life on the Commission for the foreseeable.
Vaughn addressed the issue of how the AMCC will inspect sites, which has been a source of disagreement with companies who have claimed in court that AMCC didn’t inspect sites before granting licenses.
According to state law, inspections have to be completed before licenses can be issued. However, the commission does not have an obligation inspecting them beforehand. Vaughn stated that inspections would take place between the time of licenses being awarded and their issuance, which is about a month.
He said, “We have investigators and inspectors waiting to begin their work. But we need to move on to issuing a license.”
The commission will start accepting public comments on or against specific applicants this Friday. By November 26, comments must be submitted electronically via the AMCC Website.
Presentation Calendar:
November 27 – Applications for State Testing Laboratories and Cultivators
November 28 – Secure Transportation and Processor Applicants
November 29 – Dispensary applicants
Dec. 4-8 – Integrated Facilities Applicants
Antoine Mordican is the CEO of Native Black Cultivation – a hemp company which wants to expand into medical cannabis cultivation. He said he was happy with the direction that the commission has taken. The commission, and not an evaluator or third party, should be the one to decide how licenses are awarded.
Mordican stated that “they should be able pull back everything and be able look at everything again, even if they don’t consider the license,” because ultimately the commission is the final authority.
Aretha Dix said that she was eager to show “what she stood for” as a former member of the Alabama Medical Cannabis Study Commission who was denied a license to operate a dispensary.
“It feels fair now,” she said. She said, “It’s official fair.” “I believe it was the right decision at first, but I am excited to have a chance now to say, ‘Hey this is who we really are.’
She explained that she has been patient and that the process must be sorted out before the patients can benefit. She didn’t anticipate that her application would be scored so low.
“I knew what I was doing. I entered the situation with transparency and honesty. She said that she came in with the intention to make a real difference for the people of the state.
Originally published by The Alabama Reflector.
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