Trial Date Set for Smokable Medical Cannabis in Florida

[dropcap class=”kp-dropcap”]F[/dropcap]lorida may have legalized medical cannabis, but smokable forms of cannabis are currently not allowed. Medical patients are unhappy with this fact, and some have even filed a lawsuit against the state. Now, a trial date has been set to determine if the ban on smokable forms of medical cannabis can be overturned.

According to Click Orlando, a non-jury trial hearing will take place May 16 and will determine whether or not this ban violates the constitutional amendment that legalized cannabis in the state in 2016.

The suit against the ban is headed up by People United for Medical Marijuana, a group formed by John Morgan. Currently the state’s medical cannabis regulations state that smoking is not allowed because it is considered a health hazard, but does allow vaping, edibles, oils, sprays and tinctures. This is one of eight cases currently pending against how medical cannabis is handled in the state.

According to Florida Politics, Circuit Judge Karen Gievers will hear the state’s motion for summary judgment. This means the decision could be reached before there is an actual trial. If the issue actually does go to trial, it will be decided without a jury.

Opponents of the medical cannabis smoking ban believe that they have a case because the amendment that passed does not explicitly say that smoking is not allowed. Without that wording, advocates argue, smokable cannabis should be allowed.

This isn’t the first time that people in Florida have brought their issues to court. Last November, the state was sued for taking too long to actually implement legal cannabis, and the medical cannabis ban on smoking has also been challenged before. But the state has also experienced many successes, such as allowing the health department to issue more licenses. As long as medical patients and activists keep speaking out, the system will keep improving.