A Florida court has reinstated a stay on smoking medical marijuana, dealing at least a temporary setback to MMJ businesses that hoped to be able to sell a wider variety of products.

The state’s 1st District Court of Appeal ruled that the hold will remain in effect “pending final disposition of the merits of (a recent) appeal.”

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The Department of Health appealed to a higher court earlier this month after Leon County Circuit Court Judge Karen Gievers upheld her May 25 ruling that the Florida Legislature’s provision banning smokable medical marijuana is unconstitutional. So, Gievers lifted the stay, effective June 11.

Gievers agreed with trial lawyer John Morgan and a group of plaintiffs who filed a challenge after a ban on smoking MMJ was put into place by the Legislature in 2017.

Morgan told the News Service of Florida he had expected the appellate court to keep Gievers’ ruling on hold.

“Not surprised. (Florida Gov.) Rick Scott could end the appeal today. It will cost him his Senate bid. The makers of opioids are cheering him on,” Morgan wrote in an email to the news service.

– Associated Press and Marijuana Business Daily