Florida: medical cannabis smoking ban not constitutional

A Florida court judge has ruled that the law banning the use of medical cannabis in smoked form is unconstitutional.

In 2017, Florida adopted the Bill 8A which prohibited the possession and consumption of cannabis «in a smokable form» except in cases where it was contained «in a tamper-proof sealed container intended for vaporization.»

Supporters of Amendment 2, the legislation that legalized medical cannabis in Florida, and longtime activist Cathy Jordan, challenged the smoking ban, claiming that lawmakers were improperly seeking to override the will of the electorate. The court ultimately ruled in favor of the plaintiffs.

«Section 381.986 unconstitutionally limits rights that are protected by the Constitution, and therefore the prohibition of cannabis smoking by a qualified patient is declared invalid and unenforceable,» said the judge.

«Qualified patients have the right to use the form of medical cannabis for the treatment of their condition as recommended by their certified physicians, including the use of cannabis in smokable form in private premises.»

#MedicalMarijuana is now able to be smoked in Florida! #NoSmokeIsAJoke

Read the full order: https://t.co/DC2D9r5Klq

- John Morgan (@JohnMorganESQ) May 25, 2018