The Alabama Medical Cannabis Commission (AMCC) can proceed with issuing medical marijuana licenses in the state after an appeals court overturned a temporary restraining order that blocked it from doing so.
Alabama Court of Civil Appeals justices ruled unanimously that the Montgomery County Circuit Court didn’t have jurisdiction when it issued a stay in favor of medical marijuana company Alabama Always and directed the lower court to vacate the temporary restraining order, the Alabama Reflector reported. The appellate court dismissed the case.
“Unless and until the AMCC and the commissioners are allowed to proceed, it remains speculative as to whether … they will impair or threaten to impair the procedural right of Alabama Always to a contested-case hearing,” the opinion stated.
After Alabama Always’ application to operate cultivation, processing and distribution facilities had been denied three times, the company filed multiple lawsuits challenging the AMCC’s procedures.
In June 2023, the AMCC awarded licenses to 21 medical marijuana companies. The licenses were voided because of lawsuits over alleged irregularities in scoring the applications.
Attorney Will Somerville, who represents Alabama Always, told the Alabama Reflector that the appellate court’s ruling was a win despite the dismissal.
“They really gave us what we want,” Somerville said. “We’ve been asking for an order requiring the commission to follow the Administrative Procedure Act (APA), and the court just said that the provisions of the APA apply here, whether the commission has adopted rules compliant with them or not.”
