The Alabama Court of Civil Appeals on Friday denied two petitions for writs of mandamus filed by the Alabama Medical Cannabis Commission (AMCC). The commission had sought to vacate two circuit court orders dated Jan. 3 and Jan. 30, 2024. The orders had allowed Alabama Always LLC and other unsuccessful applicants to proceed with an investigation into what lawyers called a “secret scoring system” and widespread procedural inconsistencies.

The court determined that the commission had not demonstrated a lack of adequate remedies through a post-judgment appeal and had raised issues that had not yet been ruled on in circuit court, and allowed Alabama Always to proceed with the depositions and review of documents related to the commission's internal operations.

Will Somerville, an attorney representing Alabama Always, said the ruling forces AMCC to comply with a law approved by the Alabama Legislature and signed into law by Gov. Ivey in 2021.

“We can now demand discovery and bring all that to light that will allow us to determine exactly how this committee has been run,” Somerville said. “All we've been trying to do for the last year or so is hold AMCC accountable for their practices and processes.”

“This is simple. We just do what is laid out in the law passed by Congress. It's a step-by-step process. It's not a complicated process. I just don't understand why AMCC has made this so complicated.”

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At the heart of the Court's decision is the principle of sovereign immunity, which protects state agencies like AMCC from being sued. The Court reiterated that any action taken by a court without jurisdiction, other than dismissal of a lawsuit, is invalid. The Court found that Alabama Always's original complaint, which named AMCC as the only defendant, did not assert circuit court jurisdiction under sovereign immunity.

Alabama Always is not the only failed applicant suing the commission: AMCC is also being sued by Southeast Cannabis Company, SeraTrue Alabama, Yellow Hammer Medical Dispensaries LLC, Gemstone Alabama LLC, 3 Notch Roots LLC, Pure by Salmon Farms, Insa Alabama LLC and other failed applicants.

In June 2023, after AMCC first attempted to grant a license, Alabama Always filed a civil lawsuit against AMCC seeking declaratory relief and injunctive relief, which became the “master case” of multiple lawsuits against AMCC. Alabama Always dropped its initial complaint in November 2023 after a mediated settlement, but resumed legal action in December 2023.

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In January 2024, the Circuit Court granted limited discovery, which AMCC challenged with a writ of mandamus. The Court subsequently dismissed those claims as moot, reinforcing the principle of sovereign immunity. The Alabama Court of Civil Appeals directed the Circuit Court to dismiss the master case and vacate all orders, including the January 3, 2024 and January 30, 2024 orders.

Alabama Always and the other plaintiffs claim victory in the ruling, which Somerville called a positive step in the litigation process. Now, six months later The AMCC process has now been completed and awards have been given in all categories.

“The commission has had multiple opportunities to get this right – to simply follow the statute, implement the guidelines and grant licenses to businesses that meet the requirements,” Somerville said. “Yet the commission continues to ignore the law, which is completely unnecessary and continues to harm patients who need medical cannabis.”

Grayson Everett is the state and politics editor for Yellow Hammer News. You can follow him on Twitter. Grayson