A Florida Judge Has Ruled That The Ban On Smoking Medical Marijuana "Restricts Rights That Are Protected By The Constitution"

Medical marijuana patients in Florida can now smoke their cannabis if they want to. The news comes after a Florida Circuit Court judge deemed the state's ban on smoking as unconstitutional.

In January, medical marijuana advocate Cathy Jordan challenged Florida's ban on smoking medical marijuana. She, alongside the activist group Florida for Care, argued that lawmakers sought to undermine the will of the electorate. Yesterday, Circuit Court Judge Karen Gievers ruled in favor of medical marijuana patients calling the state's ban on smoking a violation of patient rights.

"Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the Constitution, and so the statutory prohibition against the use of smokeable marijuana permitted by [a] qualifying patient is declared invalid and unenforceable," the judge ruled. "Qualifying patients have the right to use the form of medical marijuana for [the] treatment of their debilitating medical condition as recommended by their certified physicians, including the use of smokable marijuana in private places."

While this particular issue in the Florida medical marijuana system seems to have been sorted out there are a number of other problems which are also making their way through the courts as well. These include ease of patient access to cannabis as well as the severe restrictions on the number of licensed producers in the state, which will hopefully be resolved soon as well.


Local officials and law enforcers often have fears that allowing legal cannabis shops to operate within their jurisdictions will have detrimental effects. Some people fear that allowing pot shops in their neighborhood will increase violent crime rates, allow young people easier access to the drug and lower the property value of surrounding homes. But is any of that true?

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