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Judge: Florida Med Marijuana Patients Can Smoke Cannabis

Florida medical marijuana patients can smoke it in private places, a circuit court judge ruled Friday, ruling the state’s ban unconstitutional. The state has appealed, which puts the ruling on hold.

Florida lawmakers legalized medical marijuana after voters changed the constitution in 2016 to allow it.

But when the legislature wrote the rules for how to implement the demanded constitutional change, lawmakers banned the sale of smokable marijuana, saying that patients could instead only use cannabis through oils, sprays and tinctures, edibles and through vaping.

On Friday, Leon County Circuit Court Judge Karen Gievers ruled the ban unconstitutional, saying Florida medical marijuana patients can use whatever form is recommended by a certified doctor.

Florida medical marijuana dispensary company Trulieve said it was prepared to provide smokable cannabis.

“Trulieve stands ready to provide Florida patients flower and the medical benefits the entourage effects that full flower cannabis provides,” the company said on Twitter. “We look forward to guidance from the Department of Health on next steps to approve this next form of medicine for patients.”

“Let the people find compassionate care while they recover and also while they die in dignity,”  Orlando lawyer John Morgan, who pushed the case seeking the right to smoke, told Florida Politics.

Officials from the state Department of Health said they appealed the ruling immediately, which stayed the order pending the appeal.



About David Royse

David Royse
David Royse is the Editor-in-Chief of Ledetree.com. He has been a professional journalist for more than 20 years, including stints with The Associated Press and The News Service of Florida. He enjoys writing about health and medical science, and hopeful stories about scientific breakthroughs and new technology.

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