Many Florida residents who use medical marijuana may have been briefly thrilled to learn that this week a judge has ruled that patients approved to use the drug will be allowed to smoke it in private.
Despite medical marijuana being legalized back in 2016, it has been prohibited to smoke it.
The Legislature last year passed enacting laws that had banned the sale of smoking products over concerns that it poses a health risk.
John Morgan, an attorney in Orlando as well as a medical marijuana advocate, filed a lawsuit that said Florida’s current smokable weed prohibition is unconstitutional.
Circuit Judge Karen Gievers ruled on Friday that the state’s medical cannabis 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.
Florida’s department of health stated to ABC Action News:
“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. The department has appealed the ruling and the appeal imposes an automatic stay.”
