Tallahassee - Today was a historic day for Florida's Medical Marijuana patients and the entire industry as a whole. It was literally shaken from the roots up when Leon County Circut Court Judge Karen Geivers ruled on Tampa resident and approved Medical Marijuana patient Joe Redner's (77) case.
4/11/18 - The ruling from Geivers states that Joe Redner can grow his own marijuana plants for medical purposes.
Since this is in direct conflict with the Department Of Health rules which state no one can grow any cannabis for personal use, even a state-approved patient. The DOH quickly filed an appeal to the 1st District Court Of Appeals.
With over 95,000 registered patients in Florida, the Dept has continuously put roadblocks in front of patients seeking relief. Redner and other cannabis supporters site that the DOH has already been reprimanded for delays directly effecting new applicants and approving these patients. Which restricts their legal right to medicine recommended by a doctor for their condition.
The Department has failed to meet their constitutional obligations under the law, says Geivers. The DOH has several pending lawsuits against it mainly about gross delays in licensing, but also John Morgans suit on "Florida's Smoking Ban" set for a Bench Trial later this month.
"Under Florida law, Plaintiff Redner is entitled to possess, grow and use marijuana for juicing, solely for the purpose of his emulsifying the biomass he needs for the juicing protocol recommended by his physician," Gievers said in her ruling. The word "solely" is bolded and underlined for emphasis in the document.
"The court also finds … that the Florida Department of Health has been and continues to be non-compliant with the Florida constitutional requirements," the judge added, referring to the constitutional amendment approved by voters in 2016 that made medical marijuana legal. Source - Florida Politics
As of now, the state's appeal will stop Redner from growing plants until that process plays out by late this year, into early next.
Redner says that this sets president now for any other state-approved medical marijuana patient that needs to grow their own plants. You can "need to grow" for many reasons, one may be that the dispensary prices are too high, but there will have to be areason for now until real legislation comes about.
The states appeal in the appellate courts could take some time but now there is case law from a real Florida patient allowed to grow marijuana plants in his backyard, right here in Tampa, FL.
We have seen similar instances in other states where marijuana is legal, so its just a matter of time until Florida patients can legally grow their own plants at home.