Judge Considers Lifting Stay on Florida Smokable Medical Marijuana

Judge Considers Lifting Stay on Florida Smokable Medical Marijuana

John Morgan's People United for Medical Marijuana and two patients with terminal illnesses appealed the stay.

June 5, 2018

Floridians who are eligible to receive medical marijuana will still have to wait a long time to access smokable products if a judge lifts a stay.

An attorney representing the state's Department of Health said Monday that even if smokable medical marijuana was made legal, it would not be immediately available. Assistant Attorney General Karen Brodeen said it would take several months for the department to make rules and for medical marijuana treatment centers to stock the product.

Leon County circuit court Judge Karen Gievers heard testimony Monday on a motion that would vacate a stay on a May 25 ruling that said a provision banning smokable cannabis was unconstitutional. The state immediately filed an appeal which led to an automatic stay against the ruling's implementation.

RELATED: Florida Judge Rules State Ban on Smokable Medical Marijuana is Unconstitutional

John Morgan's People United for Medical Marijuana and two patients with terminal illnesses appealed the stay. Jon Mills, who represents the plaintiffs, said if the stay is vacated, then the Department of Health should get to work on creating rules even if further litigation continues.

"There's no excuse for delay at this point," Mills said. "We have tens of thousands of people in Florida who could benefit. We need to expedite it as much as possible."

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