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.


Citing supply shortages, Ontario announced Thursday that they would now be taking a “phased approach” to issuing cannabis retail licenses. Despite earlier claims that they would not be capping the number of licenses for retail pot shops, they announced Thursday that they would, in fact, be limiting the number of licenses dispensed in April to 25. The province says that the licenses will be issued though a lottery system overseen by a third party to “ensure equality and transparency.” This, of course, is following the Progressive Conservative’s stark change in cannabis policy for the province after defeating the Ontario Liberal government in 2018.