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Montgomery Court’s action in cannabis case may signal a brewing storm


In a somewhat surprising recent move, Montgomery Circuit Court Judge James Anderson opened the floodgates to potentially stormy times for those caught up in Alabama's medical marijuana licensing saga.

The decision to allow plaintiffs, including entities such as Insa Alabama, LLC and Alabama Always, LLC, to conduct depositions is more than just a procedural step. It's a flare fired into the previously suspiciously dark night sky.

However, William Webster, an attorney for the Alabama Medical Cannabis Commission, is reportedly considering challenging Judge Anderson's order to allow the deposition. In a private, but not official, email to Judge Anderson and other attorneys, Webster characterized the deposition as a “fishing expedition.”

He also questioned whether the plaintiffs had standing to sue. This raises an even more ominous question: what does the committee have to hide? Mr. Webster is known for instigating previous court proceedings, and the release of his brief could further provoke the court.

There's a saying in politics: “One man's plan is another man's plot.” In a world of complex and opaque political intrigue, the easiest way to unravel a sticky situation is to follow the money. This maxim seems particularly relevant to the current fiasco surrounding AMCC's recent licensing decision. Although no direct accusations of wrongdoing have been made, the opacity and chaotic nature of the process has raised enough eyebrows to warrant closer scrutiny.

The Dec. 28 hearing considered various motions for preliminary injunctions and temporary restraining orders, laying the groundwork for the court's latest decision. The plaintiffs, all unsuccessful applicants for integrated facility licenses, are accusing the commission of deviating from its own scoring rules in awarding licenses dated Dec. 12. Their argument hinges on a lack of licensing and the commission's ineffective investigation. A hearing process without immediate injunctive relief.

The court's response to these allegations was swift and decisive. Effective immediately, plaintiffs will be allowed to take six depositions with five days' notice, and all depositions must be completed by January 19th. In addition, it will be authorized to respond to 10 requests for production, 10 requests for interrogatories, and 10 requests for appeals. Apply for admission within a week and the same must be answered by the January deadline.

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This aggressive timeline set by Judge Anderson signals a clear intent to expose the dark depths of this issue. The court found that the plaintiffs had a reasonable prospect of success, vindicated the plaintiffs' claims, and justified immediate injunctive relief. This includes a moratorium on future actions by the commission related to its Dec. 12 ruling in the controversial Consolidated Facility License category.

Each plaintiff has been asked to post bail in the amount of $25,000, and another hearing will be set to address the motion for a preliminary injunction and additional discovery requests. This decision marks a critical juncture in Alabama's ongoing medical marijuana licensing dispute and demonstrates the court's commitment to fairness and transparency in this contentious process. .

As I watch this drama unfold, I can't help but think about the ramifications of this decision. Although the court's move appears procedural, it could herald significant revelations and changes in Alabama's medical marijuana landscape. Those involved, especially those accustomed to living in the shadows, may now find themselves in a bright spotlight, grappling with the effects of a process that has suddenly become all too transparent.



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