The Alabama Medical Cannabis Commission (AMCC), handcuffed by the judicial system, could at least vet some marijuana license awards if a state judge follows through and lifts some restrictions.
The AMCC awarded licenses in June 2023 to 21 medical marijuana companies in the state, but those permits were voided because of lawsuits over alleged irregularities in the scoring of applications.
This week, however, Montgomery County Circuit James Anderson said he would consider “amending (a temporary restraining order) to allow some investigative things to go forward,” according to the Alabama Reflector.
He made his comments during a Tuesday hearing in which some of the companies whose licenses are on hold asked that a TRO levied by Anderson in December and extended last month be modified to allow licensing to proceed.
Until the legal issues around licenses are resolved, vertically integrated MMJ companies and stand-alone dispensaries are prohibited from selling medical marijuana to patients.
Will Somerville, an attorney representing Alabama Always, a company rejected for licenses that is involved in the lawsuits, said the AMCC is issuing licenses in violation of the Administrative Procedures Act, which governs state agencies.
Somerville told the Alabama Reflector he wants the judge to:
- Keep the injunction in place and rule to invalidate five licenses awarded in the integrated category in December.
- Rule that the AMCC’s planned investigative hearing process is invalid and institute a process to figure out which companies can comply with the Alabama Compassion Act.
The Alabama Compassion Act, signed into law in May 2021, made Alabama the 38th state to legalize medical marijuana.
