According to the Miami Herald:
In a second stinging blow to Gov. Rick Scott and the Florida Legislature, a Leon County Circuit Court judge Tuesday lifted an automatic stay on her ruling that the state’s ban on patient access to the smokable form of medical marijuana is unconstitutional.
Judge Karen Gievers gave the state until June 11 to put into action a process that will make smokable marijuana available to patients at marijuana dispensaries throughout the state. She said that the state’s attempt to delay the implementation of her May 25 ruling created irreparable harm to patients, particularly two women who challenged the law which prevents them from being prescribed smokable marijuana to treat their chronic diseases.
“First, they cannot legally access the treatment recommended for them,” Gievers wrote in the four-page ruling. “Second, they face potential criminal prosecution for possession and use of the medicinal substance.”
Diana Dodson of Levy County, who has HIV and neuropathy and have been seem by a few Florida marijuana doctors, and Cathy Jordan of Manatee County, who has Lou Gehrig’s disease, testified that the only cannabis delivery system that works for their symptoms is smoking, and they are alive only because they break the law and smoke marijuana.
The Florida Department of Health, which is charged with regulating medical marijuana in the state, said it was reviewing the ruling and would not answer questions about whether it will move forward with rules related to smoking marijuana. Instead, the agency released a statement focused on the existing law, which Gievers has ruled was unconstitutionally inconsistent with voters’ intent.
“The use of medical marijuana is outlined in state law, which was passed by an overwhelmingly bipartisan majority of the Florida legislature,” said Devin Galetta, DOH spokesperson. “Our focus remains with ensuring that patients have access to medical marijuana, and the Florida Department of Health has made significant progress in making this treatment available. In fact, there are more than 117,000 patients who have access to medical marijuana and over 1,300 doctors are licensed to order this treatment.”
Gievers’ first ruling was that the state law prohibiting patients who get a doctor’s permission to be treated with medical marijuana from smoking was “overreaching” and violated the 2016 constitutional amendment that legalized marijuana for a wide range of ailments.
Scott and the Department of Health appealed the ruling, prompting an automatic stay. The amendment’s supporters, led by Orlando attorney John Morgan, then appealed the stay.
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Gievers concluded that “there is no likelihood of success” that the state will succeed in its appeal.
In a one-hour hearing in Leon County Circuit Court on Monday, attorneys for the state argued that Gievers should not lift the stay because smoking is not allowed in Florida because the legislature banned it. They said that if patients were allowed to smoke it they couldn’t obtain it legally because the state hasn’t set up rules to lawfully cultivate, distribute and sell smokable marijuana — and that process could take months.
“Nobody at this time can go to a medical marijuana treatment center and obtain smokable marijuana. There is no lawful medical marijuana that can be smoked,” said Karen Brodeen, senior assistant attorney general who argued for the state.
She also argued that the public will be confused because the state has not authorized the rules to regulate smokable marijuana.
Gievers said “there is no evidence the defendants [the state] will suffer harm if the stay is vacated. Lifting the stay preserves the status quo by returning the law to its previous state as it existed following the 2016 adoption” of the constitutional amendment.
She cautioned, however, that lifting the stay means that smokable marijuana is legal only for those who comply with the provisions of the amendment. They must have a qualifying debilitating disease, be registered as part of the patients registry and be under a doctor’s care.
Florida voters approved Amendment 2 with 71 percent voting yes, but lawmakers limited its scope by directing patients who qualify to obtain medical marijuana to use only oils, sprays, tinctures, vaping and edibles. Lawmakers argued that smoking as a method for medical treatment would be a “backdoor attempt” at allowing recreational use.
But the two patients who treat their debilitating diseases with marijuana testified in the one-day trial before Gievers that smoking is the only form that works for them.
Jordan, 68, who has ALS, testified that to treat her disease she breaks the law and grows the plants in her backyard.
“In ’86, I was given three to five years to live and I’m still here,” she said, adding that smoking is the only form her system can tolerate. “It just makes my life a lot more bearable.”
Some studies have shown that cannabidiol (CBD), another major marijuana compound, seems to help people with treatment-resistant epilepsy. A number of individuals have reported that marijuana is the only thing that helps control their or their children’s seizures. However, there haven’t been many gold-standard, double-blind studies on the topic, so researchers say more data is needed before we know how effective marijuana is. CBD may help prevent cancer from spreading, researchers at California Pacific Medical Center in San Francisco reported in 2007. Other very preliminary studies on aggressive brain tumors in mice or cell cultures have shown that THC and CBD can slow or shrink tumors at the right dose, which is a strong reason to do more research. One 2014 study found that marijuana can significantly slow the growth of the type of brain tumor associated with 80% of malignant brain cancer in people. Still, these findings in cell cultures and animals don’t necessarily mean the effect will translate to people — far more investigation is needed. All Natural MD opens new locations for Marijuana Doctors in Fort Lauderdale Florida. The location is located in the downtown district of the city. We are one of the most trusted Florida Marijuana Doctors and have been assisting patients with medical marijuana recommendations since 2014. Our goal is to provide a superior patient experience through compassion, education, and thoughtful consideration of our patients needs. We’re the leader in assisting patients with quality, convenient, reliable, and trustworthy medical marijuana doctors in Fort Lauderdale Florida. We strive for excellence in every step of the process. A study published in the American Journal Of Medicine suggested that pot smokers are skinnier than the average person and have healthier metabolism and reaction to sugars, even though they do end up eating more calories. From our highly trained representatives, friendly office staff, to our caring and educated marijuana doctors in Fort Lauderdale Florida. We have locations in well appointed, professional business spaces where patients can relax and experience a true professional service. Please call us 8002506737. It’s possible that the increased lung capacity may be due to taking a deep breaths while inhaling the drug and not from a therapeutic chemical in the drug. The smokers in that study only toked up a few times a month, but a more recent survey of people who smoked pot daily for up to 20 years found no evidence that smoking pot harmed their lungs, either. One of the most common reasons that states allow medical marijuana use is to treat and prevent the eye disease glaucoma, which increases pressure in the eyeball, damaging the optic nerve and causing loss of vision. Marijuana decreases the pressure inside the eye, according to the National Eye Institute: “Studies in the early 1970s showed that marijuana, when smoked, lowered intraocular pressure (IOP) in people with normal pressure and those with glaucoma.” For now, the medical consensus is that marijuana only lowers IOP for a few hours, meaning there’s not good evidence for it as a long term treatment right now. Researchers hope that perhaps a marijuana-based compound could be developed that lasts longer. The National Academies report said there are good studies showing marijuana users are not more likely to have cancers associated with smoking.
Even though some medical benefits of smoking pot may be overstated by advocates of marijuana legalization, recent research has demonstrated that there are legitimate medical uses for marijuana and strong reasons to continue studying the drug’s medicinal uses.
Even the NIH’s National Institute on Drug Abuse lists medical uses for cannabis. There are at least two active chemicals in marijuana that researchers think have medicinal applications. Those are cannabidiol (CBD) — which seems to impact the brain without a high— and tetrahydrocannabinol (THC) — which has pain relieving properties and is largely responsible for the high. The 2006 study, published in the journal Molecular Pharmaceutics, found that THC (the active chemical in marijuana) slows the formation of amyloid plaques by blocking the enzyme in the brain that makes them. These plaques kill brain cells and are associated with Alzheimer’s. A synthetic mixture of CBD and THC seems to preserve memory in a mouse model of Alzheimer’s disease. Another study suggested that a THC-based prescription drug called dronabinol was able to reduce behavioral disturbances in dementia patients. All these studies are in very early stages, though, so more research is needed. But scientists say that limitations on marijuana research mean we still have big questions about its medicinal properties. In addition to CBD and THC, there are another 400 or so chemical compounds, more than 60 of which are cannabinoids. Many of these could have medical uses. But without more research, we won’t know how to best make use of those compounds. More research would also shed light on the risks of marijuana. Even if there are legitimate uses for medicinal marijuana, that doesn’t mean all use is harmless. Some research indicates that chronic, heavy users may have impaired memory, learning, and processing speed, especially if they started regularly using marijuana before age 16 or 17. For some of the following medical benefits, there’s good evidence. For others, there’s reason to continue conducting research. There’s a fair amount of evidence that marijuana does no harm to the lungs, unless you also smoke tobacco. One study published in Journal of the American Medical Association found that not only does marijuana not impair lung function, it may even increase lung capacity.