Defending a 2017 law that set regulations for the state’s medical-marijuana industry, Florida Department of Health attorneys have asked an appeals court to overturn a circuit judge’s ruling that they say “injected confusion and uncertainty” into the licensing of marijuana firms.
The closely watched case centers on whether a law passed during a 2017 special legislative session violated a constitutional amendment that broadly legalized medical marijuana. Leon County Circuit Judge Charles Dodson in October found the 2017 law unconstitutional and issued a temporary injunction requiring state health officials to begin registering the plaintiff, Tampa-based Florigrown, and other medical-marijuana firms to do business.
But in a 41-page brief filed last week at the 1st District Court of Appeal, Department of Health attorneys argued that Dodson’s temporary injunction should be tossed out and that the 2017 law is constitutional in the way it regulates medical-marijuana treatment centers, as marijuana firms are called.
“[The constitutional amendment] provides a framework under which qualifying patients, physicians, caregivers, medical marijuana treatment centers, and the marijuana itself, would be subject to regulation and oversight,” the brief said. [Read More @ Sun Sentinel]
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