Florida’s smokable medical marijuana ruling put on hold again

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.”

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

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7 comments on “Florida’s smokable medical marijuana ruling put on hold again
  1. Johnny Richards on

    Much of the failure of this amendment to speak clearly to the issues involved are the fault of Morgan, Pollara and those primarily responsible for drafting the amendment. There was no reason to change the 2014 language for a more restrictive version with less clarity. Morgan and Pollara blinked instead of standing their ground for a better, more inclusive amendment. Whether their actions were sheer incompetence and stupidity or for other for-profit reasons is open for debate. What is not subject to dispute is the sloppiness of the entire process. Please go to to download and sign the petition for full legal adult use of marijuana to be placed on the 2020 ballot.

    • John Arnold on

      Not allowing smokable Marijuana is like saying “you can’t drink beer or wine but whisky or 151 rum is O.K.”

    • Mea Foodie on

      Morgan, Pollara, and those primarily responsible , changed the language because with the original language, it did not pass. By changing the language it did pass. Simple math. It is people who interpret it differently that are the problem. I have read it and it is fairly clear on smokable marijuana. Not allowed in public spaces. It is very plausible that had the language not been changed, we would still not be allowed medical cannabis. The blocking of smokable cannabis is likely causing other medical issues(lung, esophageal, voice).

  2. Ben Dover on

    The comment above about John Morgan is certainly out of place. I have been smoking cannabis for 52 years recreationally it’s only now at almost 70 that I definitely need it medically, and I personally thank John Morgan for what he’s done. Hell he should run not for governor but for president!

    • Mea Foodie on

      I agree with you Ben Dover and love your Irish name. I too have smoked recreationally for 25 plus years. Now, I am on medical and I am not allowed to smoke, only vape or oral. I am still getting the benefit and have reduced opioid dosage immensely. However, I cough constantly and I am pretty sure I have damaged an area where I have a hernia patch from all of the coughing. Oral does not work as well as inhalation. My voice has changed and is now deeper and raspy and constantly cracks. This never happened when I smoked. I was one of those who almost never coughed and I am a cigarette smoker, as well. If I could smoke 70% of my recommendation I would be able to quit cigarettes which I use to distract me from pain.

  3. right wing drunkard on

    I agree with all the comments before me on this issue. The medical issue is needed mostly for those patients who are under 21 years old. Adults should have the alternative to be able to freely buy government regulated Cannabis just like they can alcohol. To make it only for those with a prescription is to criminalize it in a different way and to make only the elite with access when the truth is everyone needs it. However, not everyone will flock to it. The point is we should have the right to choose it and not be labeled as criminals if we choose it.

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