The Alabama Court of Civil Appeals delivered a sharp rebuke to the state's Medical Cannabis Commission (AMCC) on November 15, rejecting its attempt to dismiss a lawsuit challenging its controversial licensing process. The ruling allows Jemmstone Alabama, LLC, to proceed with claims of mismanagement and improper denial of its medical cannabis facility license.
This decision intensifies scrutiny on the AMCC, already plagued by accusations of opacity and dysfunction, as Alabama's long-awaited medical cannabis program struggles to take off.
Jemmstone Alabama filed its lawsuit in December 2023, alleging that the AMCC mishandled its application for an integrated facility license, a cornerstone of the state's medical cannabis infrastructure. While the company initially named only the AMCC as a defendant in the complaint's caption, it explicitly referred to individual commissioners throughout the document.
The AMCC seized on this procedural nuance, arguing that the omission of commissioners from the caption rendered the complaint invalid under Alabama Rules of Civil Procedure. The commission sought to have the case dismissed on jurisdictional grounds, claiming sovereign immunity.
Read more at Alabama Political Reporter