Ex parte Alabama Medical Cannabis Commission, [Ms. CL-2024-0292, June 21, 2024] __ So. 3d __ (Ala. Civ. App. 2024). In a unanimous per curiam opinion, the court denies the Alabama Medical Cannabis Commission’s (“the AMCC”) mandamus petition seeking to vacate the Montgomery Circuit Court’s order allowing Alabama Always, LLC (“Alabama Always”), an extension of time to file a petition for judicial review of the AMCC’s final decision denying its application for a medical-cannabis integrated-facility license. The circuit court granted the extension pursuant to Ala. Code 1975, § 41-22-20(d) providing “for good cause shown, the judge of the reviewing court may extend the time for filing [of a petition for judicial review], not to exceed an additional 30 days, ....”
The court holds a party seeking mandamus review of an order granting an extension under § 41-22-20(d) must show that extraordinary circumstances warrant mandamus review. Ms. **9-10. Here, the AMCC did not attempt to establish extraordinary circumstances, and its petition is denied because “[o]rdinarily, a postjudgment appeal will serve as an adequate remedy to correct any error on a ruling on a § 41-22-20(d) motion; however, in extraordinary circumstances, a petitioner may prove that an appeal would be an inadequate remedy. If the petitioner succeeds in doing so, mandamus relief may be available.” Ms. *10.