Law360 and Florida Politics reported on a ruling in Florida’s 1stDistrict Court of Appeal which determined that the state’s current medical marijuana system is unconstitutional, a victory for Akerman client Florigrown LLC. The Court additionally determined the current medical marijuana system is inconsistent with Amendment 2, which Florida voters overwhelmingly approved in 2016. Florigrown originally sued the Department of Health after being denied a license, alleging that the law did not accurately reflect the amendment originally voted on by Floridians. A three-judge panel upheld a lower court order which sided with Florigrown in 2018.
Cannabis Practice Chair Jonathan Robbins, Katherine Giddings, and Ari Gerstin represent Florigrown. Giddings said the law, “Not only directly conflict(s) with the amendment’s mandates, but (is) also in clear violation of the will of Florida’s voters, who overwhelmingly adopted the amendment. This ruling is a huge victory for all of the Floridians who need access to medical marijuana.”
Florida Politics: Appeals court upholds decision in medical marijuana case; Sunburn — The morning read of what’s hot in Florida politics — 7.10.19
Law360: Fla. Medical Marijuana Statute Deemed Unconstitutional