By Alander Rocha, Alabama Reflector
The Montgomery County Circuit Court Judge dismissed on Thursday a motion by the Alabama Medical Cannabis Commission to lift a temporary restraint order and postpone a preliminary hearing next week regarding AMCC’s alleged Open Meetings Act violation.
Judge James Anderson didn’t give any reasons for dismissing this motion, but he did tell the plaintiff and defendant that they should let him know if “there is anything y’all could agree on” before the next hearing. Anderson ended the hearing by walking away.
William Webster’s, the legal counsel of the AMCC, stated in a motion for postponement that the AMCC could address the criticisms at the next meeting by voiding the licenses and re-awarding them a third time, without entering an executive session.
Webster said that the commission would reconvene the following week to rework its process, without going into an executive session, in order to “try to calm down the waters” and avoid further litigation.
William Somerville said that allowing the AMCC a third opportunity could still cause issues. He is representing Alabama Always which has sued the AMCC for allegedly violating the Open Meetings Act of the state at its meeting on August 10.
He believed that based on previous meetings of the AMCC, members could vote on licenses awarded during the last meeting without much effort or discussion.
Somerville explained, “Because they held an executive session lasting four hours and no one knows what was discussed.” We think the debate should be held in public so that everyone can see what is going on.
Alabama Always, who applied for a license but didn’t receive one in the first and second rounds, claimed that during an executive meeting on August 10, commission members had privately nominated businesses for public voting on license award. According to state law, public authorities in executive session are not allowed to vote on business.
AMCC awarded licenses to produce and distribute medical cannabis again at its meeting on August 10, two months after it had stopped earlier awards due to questions regarding the evaluation of the applications. Anderson issued a temporary restraining on the licensing process last week, writing that Alabama Always “demonstrated substantial likelihood of succeeding on the merits” and had “an imminent likelihood of irreparable damage, absence of adequate remedy at law, and the balance in equities.”
Webster said, “We want to reverse the course and put things in a better direction so we can avoid the problems we are having now or, hopefully, proceed forward, giving us the chance to do it in an open session.”
Verano Holdings of Chicago, with an Alabama branch, filed a lawsuit against the AMCC on Monday. The company claimed that the AMCC cannot revoke licenses, and its exercise of powers “both exceeds” and is in conflict with the authority granted to it by Alabama’s legislature.
Verano was mentioned in many discussions, even though it wasn’t the hearing that took place on Thursday. The lawyers in the Alabama Always case took care not to take Verano’s position. Anderson also indicated that the commission may have the authority to void licenses.
Anderson stated that while he would need to review court precedents, it appears that if an organization has the authority to “grant something, I’d think they could remove it.”
The preliminary hearing for the injunction has been set for August 28, at the Montgomery County Courthouse. Plaintiffs will need to convince the Judge that there is “substantial proof” that AMCC violated Open Meetings Act.
If Anderson determines that there is substantial evidence to suggest that the commission has violated the law, then a final hearing will be held within 60 days.
Originally published by The Alabama Reflector.
First Alabama Medical Marijuana Business Licenses awarded by State Commission
Photo by Mike Latimer.
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