Medical marijuana issue heads back to court on Wednesday – Medical Marijuana Program Connection

Litigants in Alabama’s ongoing medical marijuana litigation will be back in court on Wednesday to seek approval to reboot the awarding of marijuana licenses. The State Legislature passed, and Governor Kay Ivey signed, legislation legalizing medical marijuana in 2021. A number of business entities denied licenses to enter the state’s newest industry have sued over issues surrounding the license awards. Judge James Anderson is hearing those cases in Montgomery Circuit Court.

Last Thursday, the Alabama Medical Cannabis Commission (AMCC) voted on a series of rule changes to address issues that plaintiffs have raised. The AMCC hopes that Judge Anderson will be satisfied with those changes and will allow the state to rescind those previous cannabis awards made by the Commission in June and August.

Southeast Cannabis, which was awarded a license by the Commission in June and then had its award reaffirmed in August, is seeking a temporary restraining order (TRO) on the AMCC’s plan to rescind the awards and reconsider all of the applications.

Judge Anderson last Wednesday dismissed a lawsuit by Verano, who was granted a license award in June and then denied in August, arguing that the license award was a property owned by Verano and, once awarded, could not be rescinded. Anderson ruled against Verano, accepting the AMCC’s position that a license, even though Verano paid the Commission $50,000 for the license, is a privilege and…