In 2016, Florida voters broadly legalized cannabis for medical use by passing Amendment 2. The constitutional amendment went into effect on January 3, 2017. But over the course of that year, Florida’s legislature passed a series of bills limiting the medical marijuana program in substantial ways. One of those restrictions was a cap on the number of “Medical Marijuana Treatment Centers,” or medical marijuana dispensaries, that the state would license.
But last week, a Leon County Circuit Court Judge ruled that the cap on medical marijuana dispensaries violated the amendment voters approved in 2016. Furthermore, the ruling found other aspects of the 2017 law unconstitutional. The court declined to issue an injunction against the Florida Department of Health over the problems with the law. Instead, it set a deadline for the state to resolve the law’s contradictions.
Florida Court Sides Against State Health Officials Again
Last week, Leon Country Circuit Court Judge Charles Dodson ruled in favor of plaintiff Florigrown LLC, finding that Florida’s medical cannabis law violates Amendment 2 of the state constitution.
Judge Dodson’s eight-page ruling cited multiple conflicts between the law and the amendment. First, Dodson found that the state’s attempt to impose limits of the number