By Alander Rocha, Alabama Reflector
A Montgomery County Circuit Judge Monday extended a Temporary Restraining Order preventing the Alabama Medical Cannabis Commission from beginning the cannabis licensing process.
The AMCC will be expected to announce their own administrative stay regarding the licensing process at the meeting on Thursday, as originally scheduled.
“And, basically, go back at square one.” Michael Jackson, AMCC’s attorney, said: “Have another meeting–anopen meeting.”
The stay was issued by Montgomery County Circuit Court Judge James Anderson in response to a lawsuit claiming AMCC had violated the Open Meetings Act of the State at its most recent meeting.
At its meeting on August 10, the AMCC awarded licenses to produce and distribute medical cannabis, after suspending earlier awards due to concerns about the evaluation process.
Alabama Always claimed that the commission had violated the Open Meetings Law of the state at the meeting on August 10, by nominating private companies to be considered for public voting during an executive session.
Anderson issued a temporary restraint order in mid-August on the licensing process. He wrote that Alabama Always “demonstrated substantial likelihood of winning on the merits and imminent likelihood of irreparable damage, as well as the absence of adequate remedies at law.”
The lawsuit was not resolved at the hearing on Monday, but Jackson stated that the AMCC may grant licenses for a third time during a future meeting. Jackson stated that it wouldn’t be “a repeat award for the same people.”
Jackson says that this meeting could take place as soon as September.
He said, “We are not going to push it too far down the road.”
Anderson has scheduled a second hearing for the 6th of September on allegations that the Open Meetings Act was violated by the commission.
Will Somerville said that after the hearing, he is looking forward to working with Alabama Always to resolve these issues.
Somerville stated, “I was happy to hear that the commission wants to talk about what is going on in general and the process to see if anything can be worked out. To have open meetings going forward.”
Chey Garrigan said, after the hearing, that the legal proceedings have only slowed down the process, and patients are anxious to get access to this medical product.
Garrigan stated that the state is unable to answer this question. “Now that we have gotten everyone in the state fired up about medical marijuana, they’re all wondering when they’ll get their card.
Somerville stated that the lawsuit is focused on alleged Open Meetings Act violation, but the ultimate goal is to obtain a license.
They want a licence. Somerville explained that they still believe they have a good chance to get a license if the process is fair. Because they believe they are one of the best applicants.
Alabama Always was ranked 26 out of 38 applicants for a license to operate an integrated facility.
It’s not clear if Alabama Always will face more litigation if it doesn’t receive a license at the third round. He does not yet know how that reaward would look.
Somerville stated, “I believe that if they feel they have lost fairly and squarely in a fair procedure, they will walk away.”
This article was originally published by The Alabama Reflector.
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