The Alabama Court of Civil Appeals has struck down four additional temporary restraining orders (TROs) that had been placed against the Alabama Medical Cannabis Commission (AMCC), delivering another legal victory for the agency as it works to implement the state’s medical marijuana program.
In a unanimous ruling issued Friday, the appellate court instructed Montgomery County Circuit Judge James Anderson to vacate the TROs in cases involving three integrated facility applicants and one dispensary applicant. The court reaffirmed its earlier finding that the AMCC’s administrative process is not yet final, meaning the lower court lacks jurisdiction to intervene at this stage.
“We are pleased that the Court of Civil Appeals has once again affirmed that investigative hearings and not lawsuits are the next right step in implementing Alabama’s medical cannabis program,” said AMCC Director John McMillan. “I appreciate the work of our legal team and trust that today’s decision will go a long way toward ending the premature litigation against the Commission.”
The court cited its previous ruling from earlier this month voiding a TRO in the Alabama Always case. Both rulings align with the AMCC’s stance that its licensing decisions are not final until the legally required investigative hearings are completed. Following the hearings, the Commission will review the findings of an impartial hearing officer and issue a final order, which would then be subject to judicial review.
“Once again, we see more hope for suffering patients in Alabama to finally realize the benefits of medical cannabis products,” said AMCC Chairman Rex Vaughn. “We look forward to starting the hearing process so that the needs of those patients will finally prevail.”
The AMCC has already completed investigative hearings and awarded licenses in several categories, including cultivator, processor, secure transporter, and testing laboratory. However, despite the Commission’s administrative stay on issuing dispensary and integrated facility licenses until a final order is entered, the Montgomery County Circuit Court has blocked the agency from moving forward with hearings in those categories.
