Florida Smoking and Homegrown Ban Lawsuits Are Moving Forward
Florida has seen quite a drama when it comes to medical marijuana since its legalization in 2016 and still going strong. According to latest development, a judge refused the state’s request for a case dismissal, which was filed by none other than the author of medical cannabis expansion law, John Morgan. He is the primary sponsor on behalf of several qualifying patients as well.
The decision given by the Second Circuit Court on January 24 came just one day after the Thirteenth Circuit, which declined to dismiss a case challenging the state’s ban on home-grown medical cannabis as being unconstitutional. The said case was filed by a registered patient, Count Joe Redner, a strip club entrepreneur who is ready to go on trial. According to Redner, there are people who qualify well for medical marijuana treatment but cannot even afford to buy the herb, let alone get the treatment. “I filed this lawsuit because I couldn’t have survived cancer without medical marijuana. I am a raw vegan, and I want to juice my own raw cannabis to protect my health. The only way to do that is to grow my own cannabis.”
Tallahassee Circuit Judge Karen Gievers who is dealing with case involving smoking ban, has also dismissed Florida Department of Health’s plea to dismiss the case along with Redner’s motion for an emergency temporary injunction. Grievers, however, went on to rule that Redner who qualifies for medical marijuana treatment as a stage 4 lung cancer patient, earned his constitutional right to possess a live cannabis plant.
These developments have provided a new hope to people who are looking toward medical marijuana as their cure. As Redner puts it, “I filed this lawsuit because I couldn’t have survived cancer without medical marijuana. I am a raw vegan, and I want to juice my own raw cannabis to protect my health. The only way to do that is to grow my own cannabis.” Redner’s lawyer, a Clearwater-based attorney, Luke Lirot has expressed hope for the future as this would remove doubts from the peoples’ minds that still oppose anyone having access to medical marijuana. He thinks that this will also help in removing many misconceptions about medical marijuana that people may have fostered over a period.
Judge Grievers have given Department of Health two weeks’ time to respond on the slow progress regarding regulations related to medical marijuana. The trail is scheduled to be held after allotted time. People like Redner and Cathy Jordon of Manatee County, who herself is suffering from Lou Gehrig’s disease and smoking marijuana for 20 years to stay alive, are placing their high hopes with this trial and would probably want the decision in their favour as its their lives that depends on it. Jon Mills, attorney of Jordans considers ban on smoking as an unconstitutional and hopes sense prevails when the final decision is made.
These suits along with a couple of others are expected to impact greatly on Department of Health’s initiative and ability to implement certain requirements of the reformed program pertaining to medical cannabis.