29 May 2018 By

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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.


“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 dispensary’s if Florida Supreme Court Rules in the favor for smokable marijuana, Florida Medical Marijuana patients should be able to by flower by summer 2019.

  • Finally Milo