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Florida Appeals Court Continues To Block Smokeable Medical Marijuana

Photo by United States Fish and Wildlife Service via Wikipedia
Photo by United States Fish and Wildlife Service via Wikipedia

It is still illegal in Florida to smoke medical marijuana. The 1st District Court of Appeal is keeping the ban in place while an appeals process continues. The court said those litigating against the state have failed to demonstrate a likelihood that their appeal will be successful and have failed to show irreparable harm will take place with this hold.

Orlando attorney John Morgan initiated the litigation. His son Matt Morgan, also an attorney, disagrees with the ruling.

“For people like Cathy Jordan who is treated as a criminal for using marijuana and not having access to the medication that she needs to literally breathe, to get the saliva dry in her throat, so she can clear and breathe, I think it is in essence causing irreparable harm,” said Matt Morgan.

Jordan has Lou Gehrig’s disease. Matt Morgan said he and his dad want to take the case to the state supreme court as soon as possible. They say prolonging the appeals process is a waste of taxpayer money. State law allows medical marijuana use only in other forms including oils.

The 1st District Court of Appeal has been at odds with a circuit court judge who ruled the state’s ban is unconstitutional.

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