A judge in Florida’s Leon County Circuit Court has struck down a ban on smoking medical marijuana in the state, calling it unconstitutional. People United for Medical Marijuana Inc. v. Florida Department of Health challenged a smoking restriction lawmakers added to regulations for medical marijuana. Plaintiffs cited medical cases in which smoking cannabis was beneficial to the patient, including a woman who smoked marijuana as part of her treatment for ALS. She testified her doctors never objected to her smoking and were impressed by the ways she showed improvement after smoking.
In November 2016, voters passed Florida Medical Marijuana Legalization Initiative (or Amendment 2) with the required super-majority it needed to amend the state constitution. The ballot initiative called for the legalization of medical marijuana “for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician.” Power to set regulations went to the Legislature, which compiled a list of eligible diagnoses the following year that would be qualified for medical marijuana recommendations. Lawmakers also added verbiage to SB-8A about how cannabis could be administered, which specifically banned smoking.