A Circuit Court judge in Florida has ruled that the state’s ban on smoking medical cannabis – enacted by the legislature – is unconstitutional.
In 2016 Florida voters overwhelmingly passed an initiative that legalized medical cannabis through a constitutional amendment. The law allowed marijuana to be consumed through various methods, including smoking it. However, the following year the legislature enacted a ban on smoking medical cannabis, requiring patients to consume it through other means such as tincutres and topicals.
People United for Medical Marijuana and two patients challenged this ban in court, arguing that the amendment’s language only mentions smoking in public, meaning that patients should be allowed to smoke in private. Leon County Circuit Court Judge Karen Gievers ruled in favor of the plaintiffs, arguing that the ban is unconstitutional.