Right To Use Lawsuit In Florida Moves Forward

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Cathy Jordan lives in Florida with her husband, Bob. Cathy was diagnosed decades ago with ALS, and uses cannabis medicinally.

Cathy Jordan is a plaintiff in a suit against the state of Florida over its medical cannabis program, which forbids patients from smoking cannabis. The nature of Cathy’s illness is such that smoking is the most efficient and effective method of consumption. For her, the right to smoke is about survival, not merely a convenience.

The state constitutional amendment that was approved by voters in 2016 did not specify any restrictions on methods of consumption. The problem, as noted by the Florida Politics news site, is that the legislature decided in its implementing bill to forbid smoking.

The state of Florida filed a motion to dismiss the suit. On Friday January 25, the judge assigned to this suit, Judge Karen Gievers, granted part of that motion and ruled that one of the plaintiffs, the political organization People United for Medical Marijuana, had no standing. PUMM can appeal the judge’s ruling.

Judge Gievers denied the rest of the state’s motion to dismiss. This allows the suit to proceed with the other three plaintiffs: Diana Dodson, a cancer patient; Roberto Pickering, who suffers from post-traumatic stress disorder; and Cathy. The judge’s order can be found here.

We’ll continue following and reporting on this important story as it progresses.

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