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Lawsuit filed to force AMCC commissioner to sit for discovery

Central to this legal face-off is the Commission’s licensing process, which has been under scrutiny for months.

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In what may prove to be a crucial moment for Alabama’s beleaguered medical cannabis industry, the Alabama Medical Cannabis Commission (AMCC) finds itself at the heart of a contentious and seemingly never-ending legal battle, over the commissions licensing process.

This legal skirmish escalated when the AMCC appealed to the Alabama Court of Civil Appeals, seeking to overturn a Montgomery County Circuit Court order. This order, issued by Judge James Anderson, has significantly broadened the scope of discovery, permitting several plaintiff companies to depose AMCC commissioners and secure important documents.

The companies embroiled in this dispute — Alabama Always, LLC, Insa Alabama, LLC, Jemmstone Alabama, LLC, and Bragg Canna of Alabama, LLC — have countered the Commission’s appeal. Their argument hinges on the precedent set by Ex Parte Ocwen Federal Bank, which emphasizes the circuit court’s discretion in discovery matters. They assert that the Commission’s petition to challenge the discovery order through a writ of mandamus is unfounded, as it does not meet any of the exceptions that the Supreme Court of Alabama has recognized for such a review.

Central to this legal face-off is the Commission’s licensing process, which has been under scrutiny for months. The plaintiffs argue that the Circuit Court’s measured discovery plan is a well-calibrated response to the complexities of this case, falling squarely within its discretion. They contend that the AMCC’s appeal lacks merit, particularly highlighting the Commission’s flawed arguments regarding the exhaustion of administrative remedies and the purported right to avoid discovery under the Open Meetings Act (OMA).

The plaintiffs also dismantle the Commission’s claim that it is shielded from discovery by a deliberative process privilege, a concept that appears misaligned with Alabama’s policy of conducting governmental deliberations in the open. They argue that the Circuit Court’s discovery order, which places limitations on the scope and nature of discovery, adequately protects any legitimate concerns while ensuring transparency and accountability in the licensing process.

This legal standoff not only underscores the complexities inherent in the state’s nascent medical cannabis industry but also raises critical questions about transparency, due process, and the administrative remedies available to aggrieved parties. The Circuit Court’s decision to permit expansive discovery reflects a determination to peel back the layers of the AMCC’s licensing process, offering a look into the Commission’s inner workings at a time when the stakes for Alabama’s medical cannabis sector could not be higher.

As this legal saga unfolds, the outcome of the AMCC’s appeal could have far-reaching implications for the medical cannabis industry in Alabama. It may redefine the boundaries of discovery in disputes involving state commissions and set a precedent for how challenges to the licensing process are adjudicated. With both sides digging in for a protracted legal battle, the eyes of Alabama and the wider cannabis industry will be keenly focused on the Alabama Court of Civil Appeals, awaiting a decision that could shape the future of medical cannabis regulation in the state.

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Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected] or follow him on Twitter.

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