Latest Court Ruling in Florida Reiterates Unconstitutionality of Medical Marijuana Law

Here’s the Bill

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Here’s a bit more background from CBT

Since legalizing medical marijuana at the ballot box in 2016, Florida voters have watched an ongoing saga of political and legal battles over the implementation of their vote. The state legislature approved a bill in 2017 that enacted the successful ballot measure, but a river of lawsuits quickly followed—including litigation over the ban on smoking medical marijuana flower products and a series of questions over the cap on business licenses.

The latter came to a head again, starting 2019 with a bang in the Second Circuit Court in Tallahassee. Judge Karen Gievers ruled that the limit on the number of dispensary retail locations allowed per medical marijuana business licenses is unconstitutional. Her order went further, in fact, striking down the entirety of the 48-page law.

“Voters made clear in 2016 that the legislature was to have no role in implementing access to and availability of medical marijuana,” Gievers wrote.

The ruling comes via Trulieve v. Florida Department of Health. Trulieve is one of the state’s largest medical marijuana companies, with 23 dispensaries currently open for business. In the initial civil complaint, filed in the summer of 2017, Trulieve attorneys called the cap on dispensary locations “arbitrary.”

Full article at https://www.cannabisbusinesstimes.com/article/florida-lawsuit-limit-cap-medical-marijuana-dispensaries-trulieve/

Sean Hocking

Sean Hocking


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