Florida Judge Rules You Can Legall Smoke Florida Medical Marijuana In Florida

Medical Marijuana

TALLAHASSEE, FLA. – On Friday May 25, 2018 a Federal judge ruled that patients in Florida have the right under Amendment 2, to be allowed to smoke medical marijuana.

In November 2016 Florida voter’s legalized medical marijuana. On the approval the only restriction that was in the amendments language and in the intended document during the 2016 campaign was that local government can restrict smoking medical marijuana in public places.

During the legislature last year passed enacting the law to ban smokable marijuana claiming it a health risk to the medical marijuana patients and that there is no benefit to these patients in smoking the medical cannabis.

John Morgan from Morgan & Morgan filed a lawsuit that brought the case in front of a Tallahassee judge who ruled that Florida’s smokable weed prohibition is unconstitutional.  Judge Gievers ruled Florida medical marijuana patients have the right to smoke weed in private places.

“Just as no person is above the law, the legislature must heed the constitutional rights Floridians placed in the Constitution in 2016,” the judge ruled.

The state’s ban is “not proper, and the statute must be stricken as unconstitutionally inconsistent.”

John Morgan, a marijuana legalization advocate and plaintiff in the lawsuit, tweeted “truth prevails” following Friday’s ruling.

“So many people won’t smoke due to the stigma and it being against the law. This is legitimate medicine,” said Cathy Jordan, a co-plaintiff who uses medical marijuana to treat ALS. “This ruling is not just for me but for many other people,” she told The Associated Press.

“Qualifying patients have the right to use the form of medical marijuana for treatment” the ruling states.

After the announcement, the Florida Department of Health Filed an Appeal of the decision. This appeal puts an automatic stay.

“This ruling goes against what the legislature outlined when they wrote and approved Florida’s law to implement the constitutional amendment that was approved by an overwhelmingly bipartisan majority,” spokesman David Galetta said in a statement.

So what’s next

The Health Department’s challenge means the case will next be heard by the state’s 1st District Court of Appeal in Tallahassee, the AP reported.

The Health Department can challenge the appeal if they lose in the 1st District Appeal Court in Tallahassee to the Florida Supreme Court

According to the multiple dispensary’s in Florida if the Florida Supreme Court Rules in the favor for of flower marijuana. The State of  Florida Medical Marijuana patients should be able to by flower by summer 2019.

Leave a Reply