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.

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

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.

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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