Florida Court Reverses Ban on Smokable Medical Marijuana

The court case argued that the initial law only prohibited cannabis smoking in public, and that by trying to extend the ban to private smoking, lawmakers were attempting to overrule the wishes of the state’s voters.

Judge Gievers promised a swift ruling in the case, which she delivered in favor of the plaintiffs last Friday. “Qualifying patients have the right to use the form of medical marijuana for [the] treatment of their debilitating medical condition as recommended by their certified physicians, including the use of smokable marijuana in private places.”

Medical cannabis advocates and patients across the state lauded Gievers’ ruling. “So many people won’t smoke due to the stigma and it being against the law. This is legitimate medicine,” Cathy Jordan, one of the patients who testified in the case, said. “This ruling is not just for me, but for many other people.”

In light of the ruling, several medical cannabis firms in the state are now planning to begin ramping up production of cannabis flower products. “We look forward to guidance from the Department of Health on next steps to approve this next form of medicine for patients.”

Trulieve is not likely to see any guidance from the state Health Department anytime soon as the agency immediately appealed the court’s ruling. The case will now move to the state’s First District Court of Appeal, leaving the ban on smokable cannabis in full effect until this court upholds or overturns the appeal.

John Morgan criticized Florida Gov. Rick Scott, who is currently running for a spot in the U.S. Senate, for allowing state officials to appeal the ruling.

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