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A bill that would lift the state’s ban on smokable medical marijuana passed it’s first Senate committee stop Monday.

Senator Jeff Brandes is the bill sponsor.

“The constitution does not allow the Legislature to ban smoking,” said Brandes. “So this is allowing us to come up with a process for smoking.”

A court ruled the state’s ban was unconstitutional.

The state has been appealing the ruling, but Governor Ron DeSantis says he’ll drop the appeal and let the ruling force the Legislature’s hand if they don’t make the fix themselves by mid-March.

Lawmakers like Senator Gayle Harrell still have hesitations.

“Smoking itself, whether it is marijuana, whether it is cigarettes has significant health risks,” said Harrell.

Senator Aaron Bean is especially worried when it comes to kids.

“It causes havoc on an adolescent brain,” said Bean.

As a safe guard, the Senate Health Committee tagged on an amendment that would require non terminal patients sign a consent form acknowledging the risks of smoking and also require a second doctor’s opinion before smokable cannabis could be dispersed.

“To make sure that patients are truly informed about the risks,” said Harrell.

The amendment also limits the option of smoking to cases where a doctor has deemed it the only possible treatment.

Senator Brandes says if his bill gets too bogged down with amendments that restrict access, he’ll simply pull it and let the Governor drop the state’s appeal.

Brandes made it clear the newly amended bill was one he could not support, vowing to make severe changes going forward.

The Senate bill has two more committee stops before it would go to the Senate floor.

So far no House bill has been filed.

While that’s almost guaranteed to change, the legislation is expected to face even harsher scrutiny in the House than in the Senate.