Judge rejects cap on marijuana dispensaries in Florida

Siding with Florida’s largest cannabis operator, a circuit judge for the second time struck down a law capping the number of dispensaries medical marijuana businesses can run.

The limit on the number of retail storefronts was included in a 2017 law aimed at carrying out a constitutional amendment that broadly legalized medical marijuana.

But Quincy-based Trulieve challenged the provision, arguing the restriction “arbitrarily impairs product availability and safety” and “unfairly penalizes” pot providers.

Leon County Circuit Judge Karen Gievers agreed with Trulieve last month, but lawyers for the company asked her to revisit an order that also struck down the state’s “vertical integration” system requiring medical marijuana operators to handle all aspects of the cannabis trade, including growing, processing and dispensing.

Gievers’ order Friday replaces the Jan. 2 ruling, which, according to Trulieve, went “beyond the scope” of what the marijuana operator had sought.

As she has in the past, Gievers scorched the Legislature and state health officials for failing to comply with the constitutional amendment, which was approved by more than 71 percent of voters in 2016. [Read more at The Orlando Sentinel]