It’s official — a Tallahassee judge has ruled that medical marijuana in Florida can be smoked.
The lawsuit against the state was brought last July by Orlando attorney John Morgan, who essentially floated the bill in the successful campaign to make medical access to cannabis a constitutional right.
“The defendants’ toxicology expert’s opinion about whether smokeable marijuana is a good way for those with debilitating conditions to get relief is, quite frankly, irrelevant,” the judge wrote. “Floridians have already given the rights of qualifying patients Constitutional protection.”
The suit also involved two advocacy organizations asking the court to validate the law passed by the Florida Legislature and signed by Gov. Rick Scott to implement the amendment because it violates the intent of the constitutional amendment passed by voters in 2016.
Smoking as a method for medical treatment was originally excluded by lawmakers, who argued that smoking would be “backdoor attempt” at allowing the furtherance of recreational use.
It’s not yet clear if Florida will try to appeal the ruling or when a change in the current laws would take effect.