By Alander Rocha, Alabama Reflector
Applicants who are denied a license to grow medical cannabis must wait until the Alabama Medical Cannabis Commission’s (AMCC) decision is finalized before they can appeal.
The Montgomery Circuit Court issued a stay Friday on the appeals for applicants who were denied a license from the AMCC. One of the companies, Alabama Always filed a motion on Thursday asking the court to enter a temporary injunction and preliminary restraining on AMCC’s decision not to award licenses.
The court confirmed the AMCC’s stay, and gave it an indefinite period of time to assess scores and issue licenses.
The court gives denied applicants 14-days from the date the licenses were awarded to start the appeals and discovery process. The other party may be asked to provide information or documents related to the case.
William Somerville said that Alabama Always was concerned that the Commission didn’t select the companies that were awarded licenses correctly, that they did not receive proper notice of an emergency meeting, and that it didn’t have authority to issue a stop under its rules.
He said, “We were afraid that if we sat and let time run out, we’d lose our rights or be forced to appeal immediately.” “So, we are happy that the court agreed to that.”
Alabama Always claimed that AMCC had violated the state laws passed in 2019, which legalized medical cannabis and established a market, when it denied the agency’s application for a licence.
According to the complaint, the company also claimed that AMCC had violated its rules by delegating its “nondelegable duty” to use its own judgment in making licensing decisions. The commission also stated it intended to “continue the improper delegation of authority by engaging another party” to evaluate scores.
Alabama always claimed that it would suffer irreparable damage if the Court did not issue a restraining ordnance.
William Webster (an attorney for AMCC) agreed with the Court’s stay, and stated during the hearing that it was possible the commission would not need to recalculate scores but instead, they could be void.
Webster stated, “I believe the commission will have to get back together with a court to annul the order entered, to the extent it is necessary, based on the information we found in the score.”
Multimillion-dollar operations, integrated facilities provide medical cannabis from seed to shelf. Alabama Always says it will be ready to begin production in 60 days after receiving a license. They disagree with scores that place them behind other companies that they believe are less prepared.
Arch Lee, an Alabama Always lobbyist, stated that the team has experienced members who have worked in other states like Florida.
“We have a facility–state-of-the-art facility–that is well on the way of being completed and certainly feel that we can meet the guidelines that were set forth in the rules and regs,” he said.
Plaintiffs also claimed that the AMCC made most of its decisions in secret, and Somerville stated that his client doesn’t believe he witnessed a vote during an open meeting. He claimed that this is “substantial proof” that the AMCC violated the law by making decisions in executive session. He said that they didn’t know the identity of the graders or their criteria.
Somerville stated during the hearing that “this process has been shrouded in secrecy”.
The AMCC’s next meeting will be held on Sunday, June 29, at 1 pm in Montgomery.
This article was originally published by Alabama Reflector.
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The post Alabama judge stops medical marijuana licensing amid ongoing litigation appeared initially on Marijuana moment.
