Two Steps Forward

With over 114,000 patients and more than 1,400 qualified physicians now registered with the state, it has been a major week regarding medical marijuana in Florida… so, why does it feel like nothing has changed?

judge gieversThis week Judge Karen Gievers, who you might remember from the Joe Redner case, reached a verdict in the “No Smoke Is a Joke” lawsuit led by Attorney John Morgan. In a TWENTY TWO-page order, Judge Gievers ruled that the state’s ban on smoking medical marijuana is unconstitutional. One of the most interesting segments I find from this decision, Judge Gievers wrote:

“Just as no person is above the law, the legislature must heed the constitutional rights Floridians placed in the Constitution in 2016… The conflicting, overreaching 2017 statute, while presumably adopted in good faith and with good intentions, cannot be allowed to overrule the authority of the people to protect rights in the Constitution.”

Well… it did not take long for the state to disagree with Judge Gievers! Approximately 10 minutes after the ruling was made, Governor Rick Scott and the Florida Department of Health appealed the ruling. By appealing the ruling, a “temporary delay” has been put into place. In other words, until this case is finished, and not appealed… again, we are stuck with “No Smoke.” In John Morgan’s own words; “What a joke!”

John Morgan, a proponent of medical marijuana.

“No Smoke is a Joke” Attorney John Morgan

Despite taking a step back from the two steps forward, we need to remember that we’re still up a step! The legal decision has been made, so now they have to either let the decision be or appeal it. Judge Gievers decision ruled that the state ban on smoking medical marijuana is unconstitutional per Amendment 2. This means that the onus is now on the state to prove why the smoking ban is constitutional. As the Morgan in my head would say, the state needs to prove that “Smoke is a Joke”. They’ll need to prove that Gievers’ decision is wrong, that John Morgan is wrong, and that the medical marijuana patients are all wrong. That is a lot of pressure for the state. If they continue making the wrong moves, it WILL come back to bite them…

Probably around election season…

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: