Lawsuit Challenges Florida's Medical Marijuana Smoking Ban
Representatives of Florida for Care filed litigation Thursday challenging a statewide ban on medical cannabis smoking.
The suit was expected after lawmakers approved legislation (SB 8A) in June amending Amendment 2 a voter initiated constitutional amendment permitting the use and distribution of medical cannabis. Seventy-one percent of voters approved the amendment in November.
Senate Bill 8A amends the definition of medical cannabis in a manner that prohibits marijuana in a form for smoking and that bars the personal possession of herbal cannabis flowers, except in instances where they are contained in a sealed, tamper-proof receptacle for vaping.
The Florida for Care suit argues that these changes inconsistent with the constitutional definition of marijuana, as passed by voters, and therefore should not be implemented.
The lawsuit argues, Inhalation is a medically effective and efficient way to deliver tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream. By redefining the constitutionally defined term medical use to exclude smoking, the Legislature substitutes its medical judgment for that of a licensed Florida physician and is in direct conflict with the specifically articulated Constitutional process.
Under the revised law, patients diagnosed with cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohns disease, Parkinsons disease, or multiple sclerosis or who suffer from chronic pain related to any of these diseases are eligible to receive a 70-day supply of cannabis-infused oils or edible products from a limited number of state-licensed dispensing facilities.
NORML has long argued against regulations that limit or prohibit patients access to whole-plant cannabis in lieu of cannabis-derived extracts or pills.
Cannabis inhalation ...
