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Fla. Supreme Court turns away challenge to state medical marijuana rules

Marijuana Legalization
Posted at 2:05 PM, May 27, 2021
and last updated 2021-05-27 14:25:48-04

TAMPA, Fla. — The Florida Supreme Court upheld the state’s current medical marijuana industry structure rejecting a challenge by Florigrown.

The company had previously claimed the state legislature’s rules didn’t comply with the constitutional amendment passed by voters in 2016.

“Having considered the certified question together with Florigrown’s special-law-based challenge to section 381.986(8), we hold that Florigrown has not demonstrated a substantial likelihood of success on the merits of any of its constitutional claims,” the court wrote in its ruling.

Court records show Florigrown raised three issues in their case: the vertical-integration requirement conflicts with the constitutional amendment, that caps on the number of medical marijuana licenses available, and that specific sections of the legislature’s rules violate the state’s prohibition “against the use of a special law to grant a privilege to a private corporation.”

The Supreme Court ruled against all three issues Florigrown raised and said the lower courts had erred in their analysis and decision making when granting the company a temporary restraining order.

Read the full ruling below:
Fla. Supreme Court Medical Marijuana decision by ABC Action News on Scribd