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 Givers ruled Florida medical marijuana patients
have the right to smoke weed in private places.
“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.
So what’s next?
Since the Department of
Health appealed the decision on smokable medical marijuana in Florida. This
case will go to Florida’s Supreme Court. According to the dispensaries if
Florida Supreme Court Rules in the favour for smokable marijuana, Florida
Medical Marijuana patients should be able to by flower by summer 2019.
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