On Friday, the Alabama Court of Civil Appeals removed the Alabama Medical Cannabis Commission (AMCC) from some litigation regarding the awarding of cannabis business licenses.
Multiple companies that didn't receive cannabis business licenses in December still have pending litigation with AMCC to resolve before the program can proceed. The commission awarded business licenses to multiple companies last year, but a temporary restraining order in Montgomery County Circuit Court is still in effect, blocking the medical cannabis program's implementation.
The Alabama Court of Civil Appeals said in an opinion on Friday, "The AMCC has a clear legal right to an order vacating the TRO insofar as it purports to enjoin the AMCC, but that relief could not be granted in the Jemmstone action." The Court denied "the petition for the writ of mandamus insofar as it requests an order compelling the circuit court to grant its motion to vacate the TRO."
"AMCC is pleased with today's decision by the Alabama Court of Civil Appeals dismissing the agency from yet another lawsuit brought by a disappointed medical cannabis license applicant. It is possible that the decision and other orders entered today by the Court will have implications for other cases and issues, which could move Alabama even closer to seeing patients benefit from access to medical cannabis. However, we respect the Court's deliberative attention and, unlike many others, we won't rush to judgment on matters that are clearly still under review by the Court," Brittany Peters, an AMCC spokeswoman, said.
Wilson Green, an attorney representing Jemmstone, an unsuccessful integrated facility license applicant, told 1819 News on Friday, "We respect the rule of law."
"The Court's ruling was procedural in nature and not based on the merits of the case. Stay tuned," Green said.
Warren Cobb, general counsel with Sustainable Alabama, a company awarded an integrated facility license last year, said the opinion was "great news."
"I think it's great news as far as, once again, the court said the commission itself is immune. The Court of Appeals sort of declined to rule on whether or not the circuit court has jurisdiction because they felt that the potential claims against the individual commissioners are not properly before the appellate court. The appellate court did rule that the TRO, at least in Jemmstone's case, was improperly entered by the circuit court, so that issue has gone away. Hopefully, we'll get some more relief, or the circuit court will set a hearing on future pending motions," Cobb told 1819 News on Friday.
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