The Alabama Court of Civil Appeals has voided four additional temporary restraining orders (TROs) against the Alabama Medical Cannabis Commission (AMCC). This ruling, made on Friday, reinforces the court’s earlier decision by determining that the Montgomery County Circuit Court does not have jurisdiction over claims related to the AMCC until its administrative process is finalized.
The unanimous decision instructs Circuit Judge James Anderson to vacate the TROs that were filed by three integrated facility license applicants and one dispensary license applicant. This ruling aligns with the AMCC’s stance that its licensing decisions are not final until the required investigative hearing process is completed, as reiterated in a similar ruling earlier this month.
AMCC Director John McMillan expressed satisfaction with the court’s affirmation, stating that “investigative hearings and not lawsuits are the next right step in implementing Alabama’s medical cannabis program.” He thanked his legal team and noted that the decision would help end premature litigation against the Commission.
In the decision released on Friday, the court referenced its previous ruling that voided a TRO in the Alabama Always case. Both rulings highlight that the AMCC’s license awards will not be finalized until the statutory investigative hearing process concludes. After these hearings, the commission will take into account the findings from an impartial hearing officer before issuing a final order, which can then be reviewed by a judge.
AMCC Chairman Rex Vaughn remarked on the positive implications for patients, emphasizing that there is “more hope for suffering patients in Alabama to finally realize the benefits of medical cannabis products.” He expressed eagerness to begin the hearing process to meet the needs of patients.
The Commission has already completed the investigative hearing process and granted licenses in categories such as cultivators, processors, secure transporters, and state testing laboratories. However, a stay ordered by the Montgomery County Circuit Court currently prevents the AMCC from issuing any licenses, including for dispensaries and integrated facility license categories, until a final order is in place.
