The delay was caused by the refusal of their staff to always follow the law. They continue to do things that they shouldn’t. They keep getting stuck .”
By Alander Rocha, Alabama Reflector
The Montgomery County Circuit Court Judge on Thursday suspended Alabama’s medical marijuana program in response to a lawsuit claiming that the Alabama Medical Cannabis Commission violated the Open Meetings Act during its most recent meeting.
The stay was issued by Judge James Anderson following a heated hearing in which an attorney for AMCC suggested that the commission would air the applicants’ “dirty clothes.”
The commission will be forced to postpone site visits and evaluations until the suspension is lifted. Applicants who are denied a license cannot request an investigation hearing before the suspension is lifted. AMCC Director John McMillan stated that it would be “impossible to issue licenses” at a meeting on August 31.
McMillan added after the hearing that they will most likely need to schedule another appointment and complete site visits.
Alabama Always, , which filed a suit against the AMCC last month for the appointment of former chairman Steven Stokes has filed a lawsuit, alleging that the AMCC violated the open meeting law in its August 10th meeting. The company that applied for a license but didn’t receive one, claimed the commission members had privately nominated firms for public votes during an executive meeting.
The lawsuit claims that during the executive session commission members were told to seal up their nominations and vote on the top companies at the public meeting of August 10.
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.
The judge permitted other parties to join in the lawsuit by the end the week. Alabama Always, along with other companies who are suing AMCC, will need to prove the commission broke state law.
Will Somerville said, after the hearing, that the process would not have been delayed “if the commission were doing things the right manner.”
The delay was caused by the refusal of their staff to always follow the law. They continue to do things that they shouldn’t. Somerville stated that they are stuck.
Will Webster (an attorney for AMCC), who was apparently frustrated with the proceedings, asked the Judge how the AMCC should proceed.
He told the judge, “Because each time we go and return, someone else has something to say about what have done. I want to know what else we can do.”
Anderson stated that he couldn’t tell how the commission should conduct its business. He claimed that he gets “stuck” with the allegations.
Webster replied, “I’ll explain to you what our plans are.” If this needs to be reviewed again, I’m willing to do so. We have no more need to protect anyone’s character or reputation. We do not have to be in executive session and we will not. “We will air everyone’s dirty linen, and everyone will be able to hear it.”
Anderson stated that they do not have to enter executive session.
Anderson stated, “That is something you can choose to do or not do.”
Webster stated, “It is just what will happen.”
McMillan said after the hearing that “dirty laundries” meant that issues that were found in background checks “are part and parcel of this decision.”
Anderson has scheduled an August 28th 2023 hearing to address the alleged Open Meetings Act violation by the commission. The hearing will begin at 1:30 pm.
This article was originally published by Alabama Reflector.
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The post Alabama judge stops medical marijuana licensing again, this time over alleged open meetings violations appeared initially on Marijuana Moment.
