Appeals Court Blocks Smoking of Medical Marijuana
July 5th, 2018 by Jake Stofan
A state appellate court has put out the fire under the push for smokeable medical marijuana.
Smoking will not be allowed as John Morgan’s ‘No Smoke is a Joke’ case makes its way through the courts.
John Morgan scored his first victory in his battle to allow smokable medical marijuana in circuit court in May.
”It makes my life a lot more bearable,” said Plaintiff Kathy Jordan from the stand. Jordan suffers from ALS and says smoking is the best method for her treatment.
He had hopped to take the case straight to the Supreme Court arguing the wait could cause his plaintiff Kathy Jordan irreparable harm.
“I think that the Supreme Court would be more likely to hear this case, to take this case on an expedited fashion because of Kathy’s health,” Morgan told reporters in May.
An appellate court blocked his request to expedite the trial and on Tuesday the same court also blocked the circuit court’s decision to allow smokable pot as the case moves through the courts.
The three judge panel argued Morgan hasn’t proven he stands a chance at winning the case in the long run.
It also said continuing to block smokable marijuana would not cause irreparable harm.
“I mean you’d have to ask Kathy Jordan,” said Jeff Sharkey with the Medical Marijuana Business Association. “The court suggested there was no irreparable damage should this stay be lifted or stopped. So I think she would disagree with that.”
The ruling impacts patients and growers who are stuck in limbo as they try to prepare for a potential change in the products they can offer.
“I mean it has an impact on the business, it has an impact on patients and of course what doctors are recommending. So until that’s resolved it’s going to be difficult,” said Sharkey.
Advocates say the continued effort to block patients’ access to smokable pot only creates momentum for a likely 2020 ballot initiative to the legalize recreational marijuana.
The appellate court has not set a date to officially hear the case. A final ruling will likely come from the State Supreme Court.
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