April 1, 2019

Recently a district court ruled that the state of Florida’s ban on smokable cannabis was unconstitutional. This could mean big things for legalization movements not only in individual states, but across the country as well.

The Smokable Cannabis Ban was Supposed to be About Health…It was Not.

When the voters of Florida opted to legalize medical cannabis in 2016, their victory came with a caveat: smokable cannabis, i.e., herb, flower, aka what we all know as weed, would not be available to patients who wanted to use it medicinally, even if this was their preferred method of delivery. Now, as we all know there are many people who use cannabis medicinally who prefer to use cannabis in the traditional way, that is they prefer to smoke it. Some patients prefer to smoke because this is what they are used to. Others, such as the plaintiffs in this case, prefer smoking their cannabis because they find it more effective than other consumption methods.

One plaintiff, Cathy Jordan who has suffered from ALS since she was diagnosed in 1986, prefers to smoke her medicine over any other method. She claims that smoking her herb helps dry up her excess saliva, serves to increase her appetite and doubles as a muscle relaxer as well. In an interview with TC Palm, Jordan said that when she was initially diagnosed her doctors gave her only 3-5 years to live. She decided to try cannabis, which she says has extended her life significantly. The victory in the case came as a big surprise to Jordan and her husband who had this to say, “A little woman with ALS took on the state and won. That’s an amazing thing. It is kind of surreal,” he said.

Another plaintiff in the case, Diana Dodson, who was diagnosed with HIV back in 1991 claimed that she tried other delivery methods, such as vaping and found them to be not nearly as effective as smoking. Dodson claimed that vaping was only half as effective.

What Does this Court Ruling Mean for Legalization?

This court ruling is a huge victory for medical cannabis users, and not just for residents in Florida. This ruling sets the precedent for other bans on smokable cannabis to be overturned and ruled as unconstitutional in other states as well. I would not expect this to have a large effect on full on legalization in the US and other places until this type of ruling has become more established. If other states try to enact a ban on smokable cannabis, then this precedent could yield a serious setback for them.

There is hope. The tide is turning on legalization. More and more people support it, whether they be liberal or conservative, Democrat or Republican. Attorney General Jeff Sessions’ long threatened crackdown on cannabis has yet to come to pass, and with each passing day, it seems less likely that it will happen. I’m optimistic and you should be too!

Featured Image Source: Civilized.com

What are your thoughts on this ruling? Does it bode well for legalization in the future? Tell us in the comments below!

Marijuana is more than an herb, it’s a lifestyle, and Sarah is your professional hostess. Our resident “stonette” writes commentaries on the latest news, shares relevant news for marijuana lovers, and generally writes about stuff she knows other cannabis enthusiasts will enjoy. With all the... [read more]


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  1. By James

    ,12 Feb 2019
    I live in Ocala Florida. i also have my medical Marajuana card. does this ruling m,ean i can get my MD to prescribe smokeable Marajuana?
  2. By John

    ,24 Aug 2019
    politicians like jeff Sessions should be put in prison for assault on fellow americans. If a citizen desires to smoke marijuana it's their business, not that of an expensive suit politician. Laws are to protect people for being aggressed against […]Read More

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