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Circuit Judge Rules Portions of Medical Marijuana Law Invalid

August 7th, 2018 by Jake Stofan
Two court rulings are calling into question the constitutionality of the state’s medical marijuana law.
Medical Marijuana in Florida is no stranger to controversy.
Architect of the state’s law, Senator Rob Bradley has stood by his creation through it all.
“The law itself works and is a solid piece of legislation. The implementation has not proceeded as quickly as many of us would like,” said Bradley in July.
Director of the state’s Office of Medical Marijuana Use, Christian Bax announced he’ll be stepping down by the end of this week.
Until now, most criticism has been directed at the agency.
“The bottom line of all this is we want affordable accessible medicine,” said Taylor Biehl with the Medical Marijuana Business Association.
Circuit Court Judge Charles Dobson has ruled that limiting the number of Medical Marijuana Treatment Centers and requiring a seed to sale vertically-integrated system a violation of the amendment approved by 71% of voters.
“Judge Dobson’s ruling said that he believes the authors of the constitutional amendment did not intend for a vertically integrated system, nor did they intend for caps on licenses,” said Biehl.
Bradley responded to the rulings in a statement saying, “The trial court ruling injected unnecessary uncertainty into the emerging medical marijuana marketplace. I’m confident that our appellate courts will uphold the constitutionality of SB 8-A.”
Both Judge Dobson and an Administrative judge have called into question an aspect of the law that gives priority to certain potential growers over others.
If upheld, the decision would undo a requirement one license be granted to a black farmer and preference for licenses to go to citrus processing facilities.
Other lawsuits are moving through the courts challenging the ban on smokable marijuana and the prohibition on patients growing their own plants.
Both were given the okay by lower courts, but are being appealed by the state.

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