Alabama Medical Cannabis Commission Accused of Violating Open Meetings Act in License Selection Process

Montgomery Circuit Judge James Anderson has temporarily blocked Alabama from issuing licenses to grow and distribute medical marijuana as he reviews allegations that the state commission deliberated in secret before selecting winners. The judge has issued a temporary restraining order that will last for 10 days while he hears the complaint, scheduling a hearing for later this month.

This legal dispute is the latest development in the ongoing battle over the distribution of potentially lucrative licenses for Alabama's medical marijuana program. Last week, the Alabama Medical Cannabis Commission nominated and approved companies for these licenses after meeting behind closed doors for several hours. However, Alabama Always, a company that was not among the winners, has accused the commission of violating the Open Meetings Act, which requires all deliberations to be conducted publicly.

Attorneys representing the commission argued that the commissioners acted within the boundaries of the law. They claimed that the closed-door meeting was solely for the purpose of receiving information about the name and character of license applicants, which is allowed under the Open Meetings Act. According to William Webster, attorney for the commission, no deliberations took place during this private session.

This is the second time that the issuance of medical marijuana licenses in Alabama has been delayed due to disputes over the selection process. In a moment of frustration, Webster warned that if the vote had to be redone, the commission would make all information and controversy surrounding the process public. "We will put forth everyone's dirty laundry, and everyone will hear about it," he told the judge.

John McMillan, director of the Alabama Medical Cannabis Commission, expressed disappointment over the delay. The commission had hoped to issue the licenses to the selected winners later this month, but that plan will now be postponed. Judge Anderson expressed concern about the case dragging on for an extended period and emphasized the importance of moving the proceedings along efficiently.

Alabama Always, the company that filed the complaint, argued that the commission had violated the Open Meetings Act by retreating into executive session and then emerging three and a half hours later to ratify a slate of applicants. According to the filing, the commission continues to believe that it can conduct its business in private and only comply with the Open Meetings Act by disregarding it. The company is seeking a temporary restraining order to prevent the licenses from being issued.

The Alabama Medical Cannabis Commission initially selected 24 companies to receive licenses, many of which were among the original winners. However, the commission voided those selections made in June due to human errors in the scoring of applications. As a result, the licenses have been subject to ongoing controversy and legal challenges.

Alabama lawmakers approved the creation of a medical marijuana program in 2021, putting an end to years of resistance. However, the program is yet to be implemented as the state still needs to develop rules and award grower and distributor licenses. Patients awaiting access to medical marijuana will have to wait until these legal and administrative issues are resolved.