Patients battle state over medical marijuana smoking ban

Patients battle state over medical marijuana smoking ban

Published on 1/29/18

After Florida voters approved the medical marijuana amendment in 2016 the state has slowly adopted the program but not without hiccups. The state is currently involved in at least 1 lawsuit with a patient over the specifics of the law and if patients should be allowed to smoke the flower of the plant rather than just vape it's concentrates which is the primary means of consumption in the state. While the state is arguing that the medical marijuana amendment specifies no smoking, the patients' lawyer has countered showing the law only states smoking is not allowed in public and also that "all parts" of the cannabis plant can be used for patients. Tha plaintiff is an elderly patient with ALS and she has trouble vaping as it causes her to gag and her throat to lock up, however smoking does not cause this problem and she has seen over 30 neurologists, none who have told her to stop smoking cannabis. That plaintiff is expexting a ruling soon and her lawyer is confident they have made a strong winnable case.

"What happens is the vape...there's something in there that when she does it, it makes her gag," he said. "Believe me we've tried it. When she gags her throat can lock and kill her."

The Jordan's story has been well-documented.

The couple has been on the front lines of the medical marijuana debate for more than 20 years.

"Who is going to deny a woman that's been alive with ALS for 27 years...something that's been working," he said, adding that his wife has consulted with more than 30 neurologists, none of whom have told her to stop smoking marijuana.

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