Judge Karen Gievers Ordered the following:
- Section 381,986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the Constitution, and so that statutory prohibition against the use of smokable marijuana permitted by section 29 qualifying patient is declared invalid and unenforceable.
- The marijuana definition incorporated in and protected by Article X, Section 29 (b) (4) includes the 2014 version of section 381.986 which has continuing viability by virtue of Floridian’s having put it in the Constiution. Qualifying patients have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the use of smokable marijuana in private places.
- As the prevailing party, the plaintiffs are entitled to recover taxable costs on timely filed motion and order.
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