You can now legally smoke medical marijuana in Florida, judge rules

Posted at 6:23 PM, May 25, 2018

TALLAHASSEE, Fla. — On Friday, a judge ruled that patients approved to use medical marijuana will be allowed to smoke it.

Florida voters legalized medical marijuana in 2016. The only mention of smoking in the amendment’s language and in an intent document during the 2016 campaign was that the Legislature and local governments could restrict it in public places.

The Legislature last year passed enacting laws that banned the sale of smoking products, saying that it poses a health risk.

Orlando lawyer and medical-marijuana advocate John Morgan filed a lawsuit that brought the case in front of a Tallahassee judge who ruled that Florida's current smokable weed prohibition is unconstitutional. On Friday, Circuit Judge Karen Gievers ruled Florida's medical cannabis patients have the right to smoke weed in private places.


"Qualifying patients have the right to use the form of medical marijuana for treatment," the ruling states.

After the announcement, the Florida Department of Health filed an appeal of the ruling. 

The department of health released the following statement to ABC Action News:

"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 the appeal imposes an automatic stay."