Politics

State appeals Florida judge's ruling that patients may smoke medical marijuana

TALLAHASSEE, Fla. — A Leon County circuit court judge ruled Friday afternoon that patients who are approved to use medical marijuana are allowed to smoke it.

The judge ruled that a ban on smoking medical marijuana "unconstitutionally restricts rights."

WFTV legal expert Bill Sheaffer said the ruling only applies to the 2nd Judicial Circuit of Florida in which it was heard. The circuit comprises Leon County and five others.

The case will go to the Florida Supreme Court next.

"This is important to people who have medical issues that the smokable ingestion is what helps them the most," Sheaffer said. "The Florida Supreme Court will settle this issue once and for all, and its opinion will be binding statewide."

The state appealed the judge's ruling Friday evening, so a stay was put in place, which means patients who live in the circuit may not legally smoke medical marijuana.

A Florida Department of Health spokesman provided Channel 9 with the following statement:

"This ruling goes against what the Legislature outlined when they wrote and approved Florida’s law to implement the constitutional amendment that was approved by an overwhelmingly bipartisan majority. The department has appealed the ruling and this imposes an automatic stay."

Attorneys, including John Morgan, filed the lawsuit on behalf of a woman with ALS.

Sheaffer said he expects the court to prioritize the case because of strong public interest.