A federal court’s dismissal of a case against Alabama’s regulatory commission on medical cannabis could pave the way for the availability of medical cannabis throughout the state.
The Alabama Medical Cannabis Commission had been under scrutiny following allegations from some applicants that they were not given a fair chance to obtain a license for distributing cannabis. However, on Friday, the Alabama Court of Civil Appeals ruled in favor of the commission and dismissed the main case against them. This decision brings some relief to the commission, which is responsible for awarding licenses to businesses seeking to distribute cannabis.
According to the court ruling, the commission cannot be sued in a court case as it is considered a state agency and therefore enjoys immunity from being named as a defendant.
According to Joey Robertson, managing partner of Wagon Trail Med-Serv, the decision to grant an integrated license is a step in the right direction. Robertson lauds the ruling, recognizing its potential to bring about positive change.
Robertson expressed his view on the matter, stating that there may be more lawsuits in the future. However, he acknowledged the appellate court’s stance on the issue, which is that the cases should be dismissed due to lack of grounds and standing. “At least the appellate court is standing up and saying ‘you know what, these cases need to go away’,” Robertson said.
According to Will Somerville, the lawyer representing Alabama Always, LLC, their case was dismissed by the courts due to legal technicalities. However, he mentioned that there is still ongoing litigation from another plaintiff.
According to Somerville, the circuit court was instructed by the Court of Civil Appeals to dismiss those cases. However, there is still one case that is pending, and injunctions were issued in that particular case. As a result, the injunctions are still in effect until further notice.
According to Ray French, the CEO of Specialty Medical Products of Alabama, his perspective differs from the previously mentioned statement.
French stated that it is now time to move ahead and permit the commission to continue with their licensing process.
According to John McMillan, the commissioner of the AMCC, the organization’s legal team is currently reviewing the decisions. However, he emphasized that his priority is to ensure that the program is operational as soon as possible, in order to cater to the needs of patients.
