Florida is weeding out a law preventing medical marijuana patients from legally smoking the plant, the state’s newly-sworn Republican governor announced Thursday.
Gov. Ron DeSantis said he instructed lawmakers to strip the smoking ban from the state’s existing medical marijuana legislation, and that he will pursue a separate route if they fail to act within “a couple of weeks” of convening.
“Whether they have to smoke it or not, who am I to judge that? I want people to be able to have their suffering relieved. I don’t think this law is up to snuff,” Mr. DeSantis said at a press conference.
Republican leaders of both the state House and Senate indicated they would consider his request, and attorneys representing both sides in a lawsuit spurred by the smoking ban filed a joint motion later Thursday asking an appeals court to put the case on hold pending a potential resolution.
“The House will work with the governor on his priorities, including ensuring patients have options and our kids remain protected,” said Florida state Rep. Jose Oliva, the speaker of the House.
“Many senators share these concerns and have ideas they are interested in advancing, which include smokable forms of treatment,” said Florida Senate President Bill Galvano.
Floridians voted in 2016 to legalize medical marijuana through a constitutional amendment, and Rick Scott, the governor’s Republican predecessor, signed a law the following year putting rules in place for qualifying patients. Those regulations ban medical marijuana users from smoking pot, however, forcing patients to use alternative forms, like pills and oils, and spurring the lawsuit put on hold later Thursday.
Plaintiffs led by Orlando trial lawyer John Morgan sued over the smoking ban in state court, and Leon County Circuit Judge Karen Gievers ruled in their favor last May, calling the prohibition a violation of Florida’s constitution. Mr. Scott’s administration subsequently challenged that ruling in state appeals court, triggering an automatic stay that has left the smoking ban in place pending the outcome of those proceedings.
Mr. DeSantis will ask the state to drop its appeal if lawmakers fail to work quickly at killing the ban on their own, he said Thursday.
“I am somebody who respects the prerogative of the Legislature,” said Mr. DeSantis. “I don’t want these things being dealt with judicially if we can help it.”
Lawyers representing both sides in the appeal filed a joint motion within hours Thursday asking the court to suspend proceedings.
“Movants currently are discussing the possibility of resolving this matter and believe there is a reasonable prospect that their discussions will result in a resolution,” the motion said.
Thirty-three states have passed laws legalizing medical marijuana, contrary to U.S. Drug Enforcement Agency categorizing the plant as a controlled substance lacking medical value.
Florida has enrolled over 212,000 patients in the state’s medical marijuana program since it came into effect, the Florida Department of Health announced earlier this month.
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