WASHINGTON (dpa-AFX) - Montgomery County Circuit Judge James Anderson has decided to issue another temporary restraining order on the paused licensing process for medical cannabis licenses.
The legal battle involves approximately 30 companies vying for these licenses. Those companies that were denied licenses have filed lawsuits contesting the procedures, rules, and decisions of the Alabama Medical Cannabis Commission (AMCC), which was established by the Legislature to oversee the new industry.
The request for the new restraining order comes from Alabama Always, a company that is contesting the licenses granted to other companies as well as their own denial, claiming that they cannot argue for their license without addressing the circumstances of those who were awarded licenses.
The lawsuit alleges that the AMCC did not follow the required procedures outlined in the Compassion Act, the Alabama Administrative Procedures Act, and the Open Meetings Act when granting licenses, which led to Alabama Always being denied an integrated license despite having a facility in Montgomery.
Attorney Will Somerville, representing Alabama Always, argued that the commission should adhere to the Alabama Administrative Procedure Act by allowing denied applicants to challenge awarded licenses. He emphasized the need for a fair process where applicants can contest the qualifications of license recipients. Somerville proposed two potential resolutions for the case: either compel the Commission to draft new regulations and restart the process or appoint a special master. While Anderson expressed reservations about appointing a special master, Somerville advocated for this solution due to the urgency of the situation and the Commission's alleged failure to fulfill its duties.
The investigative hearing proposed by the Commission was intended to provide due process to the plaintiffs, allowing them to challenge the issuance of licenses to other companies. However, concerns were raised about the potential remedies available in this process.
Anderson acknowledged the limitations imposed by the Legislature in granting only five integrated licenses, highlighting the challenges faced by denied applicants. However, Anderson emphasized that under the current constraints, such flexibility does not exist.
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