The Alabama Court of Civil Appeals voided four more temporary restraining orders (TROs) entered against the Alabama Medical Cannabis Commission (AMCC) on Friday.
The unanimous decision instructs Montgomery County Circuit Judge James Anderson to vacate the TROs entered against AMCC in the cases of three integrated facility license applicants and one dispensary license applicant. Similar to a ruling released earlier in March, the appellate court held that since the AMCC’s administrative process is not final, the circuit court lacked subject-matter jurisdiction over the claims that led to the TROs.
“We are pleased that the Court of Civil Appeals has once again affirmed that investigative hearings and not lawsuits are the next right step in implementing Alabama’s medical cannabis program,” said AMCC Director John McMillan. “I appreciate the work of our legal team and trust that today’s decision will go a long way toward ending the premature litigation against the Commission.”
In the decision released on Friday, the Alabama Court of Civil Appeals cited its decision two weeks ago that voided the TRO entered in the Alabama Always case. Both rulings are consistent with the Commission’s position that its license award decisions are not final until the statutorily prescribed investigative hearing process is completed.
Upon the conclusion of investigative hearings, the commission will consider the findings and conclusions of an impartial hearing officer and enter a final order that will then be subject to judicial review.
“Once again, we see more hope for suffering patients in Alabama to finally realize the benefits of medical cannabis products,” said AMCC Chairman Rex Vaughn. “We look forward to starting the hearing process so that the needs of those patients will finally prevail.”
The Commission has already completed the investigative hearing process and issued licenses in the cultivator, processor, secure transporter, and state testing laboratory license categories.
Despite the Commission’s own administrative stay that ensures it will not issue licenses until a final order has been entered, the Montgomery County Circuit Court has enjoined AMCC from taking any action, including conducting investigative hearings, in the dispensary and integrated facility license categories.
Cannabis Dismissals by Caleb Taylor on Scribd
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Alabama Court of Civil Appeals dismisses more lawsuits against Medical Cannabis Commission – 1819 News
