Alabama medical marijuana litigation continues: Judge denies motion to dismiss latest case

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Companies denied licenses filed by Alabama Medical Cannabis Commission have filed lawsuits challenging the commission's procedures and decisions.

More than two-dozen lawyers packed the front rows in the courtroom of Montgomery County Circuit Judge James Anderson on Tuesday for a two-and-a-half hour hearing to find a path through the maze of litigation over business licenses for Alabama’s medical marijuana industry.

Anderson said Tuesday he would deny the AMCC’s motion to dismiss a main new case in the litigation. The judge said he would look for guidance from lawyers on all sides of the disputes to develop a new temporary restraining order on the licensing process. Also on hold are licenses for companies that want to serve only as dispensaries. The AMCC has issued licenses for cultivators, processors, transporters, and a state testing lab. But doctors cannot begin recommending the products until at least the dispensary licenses are issued.

Alabama Always, which has built a cultivation and processing plant in Montgomery but was denied a license to be an integrated company, filed a new lawsuit on Monday asking the judge to issue a temporary restraining order to prevent the AMCC from issuing licenses to the five companies it picked for integrated licenses in December.

For example, Alabama Always and other companies say the investigative hearings that the AMCC plans to hold for denied applicants will be meaningless if they AMCC has already awarded all five licenses in that category. The AMCC maintains the final decisions on the licenses will not come until after the hearings.

 

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