Florida's Ban on Smokable MMJ Unconstitutional
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Florida's Ban on Smokable MMJ Unconstitutional
Posted by CN Staff on May 26, 2018 at 05:05:45 PT
By The Associated Press
Source: Orlando Sentinel
Tallahassee -- The Florida ban that prevents medical marijuana patients from smoking the stuff has gone up in smoke. Leon County Circuit Court Judge Karen Gievers ruled Friday that the ban on smokable cannabis is unconstitutional. Florida’s Department of Health said in a statement it has appealed the ruling, which will impose an automatic stay.Gievers wrote in her 22-page ruling that Floridians “have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the use of smokable marijuana in private places.”
Ben Pollara, who runs the nonprofit medical marijuana advocacy group Florida for Care, said the ruling is a big victory for patients and voters.Taylor Patrick Biehl of the Medical Marijuana Business Association of Florida added that “despite legislative pushback over interpretation and ideologies, justice has been served.”Voters approved a constitutional amendment in 2016 allowing the use of medical marijuana. The only mention of smoking in the amendment’s language and in an intent document during the 2016 campaign was that the Legislature and local governments could restrict it in public places.The Legislature last year passed laws that banned the sale of smoking products, citing a health risk. The laws, signed by Florida Gov. Rick Scott in June, say patients can use cannabis through vaping and in food, oils, sprays and tinctures.Orlando attorney John Morgan, who led the push to legalize medical marijuana Florida, filed a lawsuit challenging the ban two weeks after Scott signed the bill. He was joined in the suit by two patients with terminal illnesses who benefit from smokable medical pot.Cathy Jordan, who has had ALS since 1986, says smoking the plant dries her excess saliva, increases her appetite and works as a muscle relaxer.Diana Dodson, who has had HIV since 1991, testified May 16 that vaping is 50 percent less effective than smoking and that smoking allows her to get the proper dosage.Jordan said that when she was diagnosed with ALS — amyotrophic lateral sclerosis — doctors thought she would live only three to five more years. She credits smoking with helping to prolong her life, and has been supported by her physicians.“So many people won’t smoke due to the stigma and it being against the law. This is legitimate medicine,” she said by phone from her Manatee County home after the ruling. “This ruling is not just for me but for many other people.”Bob Jordan, Cathy’s husband, said he was still in shock after getting the call about the ruling.“A little woman with ALS took on the state and won,” he said. “That’s an amazing thing. It is kind of surreal.”He tweeted after the ruling that “truth prevails.”Devin Galetta, a Florida Department of Health spokesman, said in a statement that the ruling “goes against what the legislature outlined when they wrote and approved the law to implement the constitutional amendment that was approved.”The next stop will be the state"s 1st District Court of Appeal in Tallahassee. It will be the second medical marijuana case that court will take up after Gievers ruled last month that a Tampa man — Joseph Redner — is entitled under state law to possess, grow and use marijuana for juicing. Redner was prescribed juicing treatments from his doctor to prevent a relapse of stage 4 lung cancer.Source: Orlando Sentinel (FL)Published: May 25, 2018Copyright: 2018 Orlando SentinelContact: insight orlandosentinel.comWebsite: Medical Marijuana Archives 
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Comment #3 posted by Had Enough on May 28, 2018 at 14:57:28 PT
Tallahassee swamp critters...
The more swampy Tallahassee gets the more people are seeing the exposure of the rats they voted for...The silver lining here is politicians are showing true colors...the more they show it...the sooner they will be getting a new job...hopefully not from the major campaign contributors though...************Tallahassee Lassie...Danny and the Juniors version...Tallahassee Lassie - Freddy Cannon
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Comment #2 posted by The GCW on May 26, 2018 at 21:21:18 PT
Gary Minor,
Thanks for sharing.Another one of those stories where I don't know what to say but still want to say something. This time I'll just shake My head.
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Comment #1 posted by Garry Minor on May 26, 2018 at 16:46:40 PT:
Cathy Jordan - Wake Up World
ALS Patient Treated with Medical Marijuana Outlives Anti-Marijuana DoctorsOver thirty years ago, a woman named Cathy Jordan was diagnosed with ALS (Amyotrophic Lateral Sclerosis) also known as Lou Gehrig’s disease. In 1986 she was given 3 to 5 years to live. At a time when marijuana was in no way recognized as a valid medical treatment, and with no other treatments to rely on, she put her hope in marijuana. Every doctor she spoke with was outraged with this decision. Today Cathy is alive and thriving while most of the doctors with whom she spoke are not. “All my docs are retiring or dead. I’ve outlived 5 support groups and 4 neurologists,” Cathy told Americans for Safe Access’ Jahan Marcu.ALS is characterized by the death of motor neurons leading to loss of limb control, breathing, swallowing, speech and widespread cellular dysfunction. “Most people start using a feeding tube because they are afraid of choking to death”, says Cathy. Mrs. Jordan began using cannabis from a Florida grower to treat her ALS in the late 80’s. “Donny Clark provided my medicine, grown in the Myakka River Valley… he was busted and sentenced to life in prison, and that strain of cannabis was lost.”This was back in a time when growing a plant that saves lives was still punishable by 20 years in prison and had to be cultivated in secret like a common criminal. Donny was treated as such and remained in prison until the year 2000 when pardoned by former President Clinton.Outliving her doctor issued expiration date caused a problem for Cathy, causing her to lose her social security benefits. The state of Florida actually said her ID and regular documentation was not good enough to prove that she was alive. She had to ask a neurologist to fill out paperwork to prove to these non believers that cannabis had actually saved her life. Back in the 80’s there was no concentrate and no purely CBD strains to use. This was good old-fashioned marijuana that was saving her life, and smoking it none the less. Even today most people don’t want to believe that cannabis has benefits to be received simply by smoking it. At first doctors wouldn’t accept that cannabis was the reason she was still alive. Most doctors thought that smoking anything would impair her lung function. These doctors where so blinded by the classic anti-marijuana propaganda (like most Americans at the time) that they even threatened to have her committed solely on the fact that she thought cannabis was actually helping her. “I visited a neurologist at Duke University. When I told him that I was smoking Cannabis, he didn’t know what to do with me. He was afraid. He wouldn’t even take my blood pressure because I was using an illegal drug. I asked my docs if they would take a drug if it was neuroprotective, an antioxidant and an anti-inflammatory. They say ‘yes’ and ask me if I know of one. Cannabis, I tell them.”Over three decades later, despite the government’s best efforts, the science is finally catching up with what most cannabis enthusiasts, as well as Cathy, have known for thirty years; this miracle plant saves lives. Scientists have created a mouse with ALS and the corresponding study essentially proves what Cathy has been claiming for a very long time: the research shows that THC and other cannabinoids successfully treat the mice, prolonging their lives and halting the progression of the disease. .......The truth is out. The lies are revealed, and within them the truth of the Fed’s intentions are uncovered. Do not let the greed and personal ambition of a few, along with the purely evil intentions of major pharmaceutical companies, allow the reality of this world altering plant to be swept under the rug of control and manipulation. End the conspiracy by spreading this and other truth based articles to all who need their minds opened to the present reality of this county. The more that are awakened to the true intentions of those stifling the medical growth of cannabis, the closer we become to a breaking point, and it all begins with awareness.
Snip Bosm
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