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Florida Department of Health Challenges Marijuana Dispensary Ruling

The Department of Health has appealed a circuit judge’s ruling that struck down a limit on the number of dispensaries that cannabis businesses can operate.

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TALLAHASSEE (CBSMiami/NSF) — As lawmakers weigh changes to the state’s medical-marijuana laws, the Florida Department of Health has appealed a circuit judge’s ruling that struck down a limit on the number of dispensaries that marijuana businesses can operate.

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RELATED: Siding With Cannabis Operator, Judge Rejects Florida's Cap on Marijuana Dispensaries

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Attorneys for the Department of Health filed a notice late Friday that said they were challenging a Feb. 1 ruling by Leon County Circuit Judge Karen Gievers. As is common, the notice of taking the case to the 1st District Court of Appeal did not detail the department’s arguments.

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Gievers sided in the case with the medical-marijuana firm Trulieve, finding that the limit on dispensaries violated a 2016 constitutional amendment that broadly legalized medical marijuana. Lawmakers included the limit in a 2017 law that was designed to carry out the constitutional amendment.

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