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Florida ban on smokable medical pot ruled unconstitutional

Posted at 6:40 PM, May 25, 2018
and last updated 2018-05-25 15:16:45-04

TALLAHASSEE, Fla. (AP) - A Florida judge has ruled that the state's ban on smokable medical marijuana is unconstitutional.

Leon County Circuit Court Judge Karen Gievers ruled in favor of People United for Medical Marijuana and two patients challenging the ban.

Voters approved a constitutional amendment in 2016 allowing the use of medical marijuana through vaping and in food, oils, sprays and tinctures. The Legislature last year included a provision banning it from being smoked, and Gov. Rick Scott signed the measure into law in June.

The plaintiffs argued that because the amendment's language only mentions smoking in public, users should be allowed to smoke in private.

John Morgan, who led the push to get medical marijuana legalized in Florida, was among the plaintiffs.

He tweeted after the ruling that "truth prevails."

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