The state of Florida can no longer ban medical marijuana patients from smoking cannabis, a judge ruled Friday. But the Florida Health Department is appealing the judge’s decision. Caught between are Florida’s medical marijuana patients, who say the state legislature is placing unconstitutional restrictions on access to their medicine.
Florida Judge Says Medical Marijuana Smoking Ban Is Unconstitutional
In 2016, Florida voters approved Amendment 2. The constitutional amendment became effective on January 3, 2017. It expanded Florida’s list of qualifying medical conditions, but also placed restrictions on smoking medical marijuana.
Specifically, the language in the bill and an “intent document” circulating during the 2016 lead up to the vote did mention smoking marijuana, but only in very limited terms. The bill states that the Florida legislature and local governments could ban medical cannabis smoking in public places.
Last year, however, the state Legislature ended up passing laws banning the sale of smokeable medical cannabis products. The Legislature viewed smoking cannabis a health risk. However, the bill, signed by Florida Gov. Rick Scott in June, still allowed patients to use cannabis in food, as an oil or spray, or vaporized.
Just two weeks after Gov. Scott signed the legislation, Orlando attorney John Morgan filed a lawsuit to challenge the smoking ban. Morgan was a key player in the movement to legalize medical cannabis in Florida.
But on Friday, Leon County Circuit Judge Karen Gievers ruled that the state’s ban on smokeable medical marijuana violated patients’ constitutional rights, according to the Associated Press
In her 22-page ruling, Judge Grievers wrote that Floridians, “have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the