Photo by Monivette Cordeiro

Florida Attorney General Pam Bondi’s office filed a 57-page brief  last week supporting Florida’s ban on smokable medical marijuana, challenging an earlier ruling from a circuit judge.

Back in May, Leon County Circuit Judge Karen Gievers ruled that a smoking ban was unconstitutional and violated the spirit of the 2016 amendment overwhelmingly approved by Florida voters that legalized medical marijuana. The lawsuit was filed by two medical marijuana patients and People United for Medical Marijuana, an advocacy organization backed by Orlando attorney John Morgan.

Gievers found that the “ability to smoke medical marijuana” was an implied right because the 2016 amendment noted there was “no right to smoke in public places, thereby implicitly recognizing the appropriateness of using smokable medical marijuana in private places consistent with the amendment.”

But Bondi’s office argued before the First District Court of Appeal last Friday that the earlier ruling “misconstrued the plain language of the medical marijuana Amendment, disregarded relevant expert testimony detailing the negative health effects of smoking marijuana, and misapplied other relevant legal principles regarding constitutional interpretation and standing,” according to the brief.

The brief asserts that legislative discretion is allowed under the 2016 amendment to define

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