Article originally published on Florida Politics by Jim Rosica.
A Tallahassee judge eviscerated the state law on medical marijuana, declaring major provisions to be unconstitutional.
The ruling came in a challenge brought by Florigrown, which had been denied a chance to become a “medical marijuana treatment center” (MMTC), or provider. The company is partly owned by Tampa strip club mogul and free speech advocate Joe Redner.
— The requirement that Florida have a vertically-integrated market, meaning the same provider grows, processes and sells its own marijuana.
Dodson said lawmakers improperly modified the amendment’s definition of an MMTC: “… an entity that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana …. (emphasis added)” The law instead uses “and” instead of “or,” Dodson wrote, which “contradicts” the amendment.
— Limits on the number of marijuana providers that can be licensed by the state.
“The amendment places no limits or caps on the number of MMTCs in Florida,” the judge wrote. “Such limits directly undermine the clear intent of the amendment.”
— Special categories of licenses, such as for owners of former citrus processing facilities.