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Smoking medical marijuana remains on hold in Florida following a ruling late Friday that declared the state ban on smoking medical pot unconstitutional. As Mike Vasilinda tells us, the smoking case was immediately appealed.

Circuit Judge Karen Geivers says the Florida Legislature. had no authority to prohibit the smoking of medical marijuana because it is allowed in the state Constitution.

The only thing the state Constitution says about smoking medical marijuana is that it can’t be done in public.

Lawyer Jon Mills argued that means it can be smoked in private.  

“We submit that that is enough to declare the statute unconstitutional” Mills told the court.

The judge dismissed health concerns raised by a state expert.

Karen Brodeen is the Sr. Asst. Attorney General who pushed the state’s case.

“In fact the FDA  has not approved any medicine to be delivered through a smoking form” she told the Court.

Instead, the judge also gave great weight two two patients. HIV patient Lisa Dodson

And ALS survivor Cathy Jordan.  They testified smoking was far more effective than vaping or using oils.

“It was about 50% less effective and you had to ingest quite a bit more” testified Dobson.

“It just makes my life a lot more, um, bearable” said Jordan.

Two hours after the ruling, the state appealed, effective staying the order until the court rules.

But Attorney John Morgan is calling on the Governor to drop the appeal. At the trial, Morgan dismissed the states heath concerns.

“She is a terminally ill ALS patient  (Jordan). The last thing she is worried about is the effect of smoke on her lungs.”

And unless the appeal is dropped, Smoking medical marijuana remains off limits until an appeals court makes a decision.

On Friday, the State Supreme Court declined to hear an appeal from Tampa strip club owner Joe Redner in his case to juice marijuana to prevent a reoccurrence of lung cancer. The same judge gave Redner the okay. His case is also pending before the First District Court of Appeal.