The legality of medical marijuana patients using smokable medicine remains in legal limbo on Monday after a hearing in the State Capitol.
The state wants smokable marijuana put on hold after a judge’s ruling, while supporters want patients to get smokable marijuana as soon as possible.
Circuit Judge Karen Geivers ruled 10 days ago that smokable medical marijuana was permitted by the constitution and isn’t prohibited by the law the governor signed.
The decision was automatically put on hold when the state appealed.
Monday, lawyers were back in court, arguing the stay should be lifted and smokable marijuana should be available as quickly as possible.
Jon Mills is the Amendment 2 author.
“There is a high prevalence in the state of Florida and risk to those with debilitating medical conditions who are denied access,” he said.
The state pushed back, with Senior Assistant Attorney General Karen Brodeen arguing allowing smokable pot would send the wrong message.
“People will read it different ways and subjectively say, ‘now I can smoke marijuana because I have of these triggering conditions,’ even though they never went to a doctor.”
The lawyers for Amendment 2 say the state’s fear that everyone will start lighting up if the ban is lifted just isn’t reasonable.
“That could seen as blowing smoke. But you can’t…you have to have a certification,” Mills said afterward.
Attorney John Morgan, who bankrolled the marijuana initiative, immediately took to Twitter to urge people to call the governor.
“Smoking marijuana for medical purposes is vital for our veterans,” Morgan said in a video aimed at Governor Rick Scott.
A final decision could be a year or more away if the case is appealed to the State Supreme Court.
The big question is, will smoking be allowed during the appeal?
The judge did say she would delay implementing her order for a week so that state lawyers could prepare an appeal if the judge rules against them.
