Judge Karen Gievers

State Seeks To Stamp Out Marijuana License Case

Oct 2, 2018
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The Florida Department of Health is asking an appeals court to block a lower-court judge from moving forward with a lawsuit in which a Martin County nursery argues it should receive a potentially lucrative medical-marijuana license.

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Pointing in part to smoking-related health effects, Attorney General Pam Bondi’s office on Friday filed a 57-page brief arguing that an appeals court should uphold a decision by the Legislature to ban smoking medical marijuana. 

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Chiding a judge who sided with sick patients and saying plaintiffs likely won’t win on the merits of the case, an appellate court on Tuesday refused to allow smokable medical marijuana while a legal fight continues to play out.

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An appeals court Tuesday rejected a request to quickly send a major medical-marijuana case to the Florida Supreme Court.

The case focuses on arguments about whether a 2017 law improperly bars patients from smoking medical marijuana.

Leon County Circuit Judge Karen Gievers last month ruled that the smoking ban violated a 2016 constitutional amendment that broadly legalized medical marijuana in Florida. 

In a widely expected move, an appellate court Monday refused to lift a stay on a Tallahassee judge’s ruling that would allow patients to smoke medical marijuana if their doctors approve it.

Florida's ban that prevents medical marijuana patients from smoking their cannabis has gone up in smoke.