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Florida judge dismisses part of medical marijuana lawsuit

Gievers dismissed the motion by People United for Medical Marijuana, which is the committee formed by Orlando attorney John Morgan, because it lacks sufficient grounds.
Personal injury lawyer John Morgan speaks to guests of the Tampa Tiger Bay Club luncheon at the Bryan Glazer Family JCC in Tampa on April 21. (CHARLIE KAIJO | Times)
Published Jan. 26, 2018

TALLAHASSEE, Fla. — A Florida judge has ruled that a lawsuit against the state's decision to ban smokable forms of medical marijuana can proceed but without one of the key parties.

Leon County Judge Karen Gievers ruled on Friday that three patients suing the state can proceed because their claims that the ban impacts them are sufficient. Gievers dismissed the motion by People United for Medical Marijuana, which is the committee formed by Orlando attorney John Morgan, because it lacks sufficient grounds. The organization has 10 days to file an amended lawsuit.

Morgan spearheaded the 2016 state constitutional amendment making medical marijuana legal, which was approved by 71 percent of voters.

The state legislature banned smoking in last year's bill signed by Gov. Rick Scott, saying it isn't healthy. The law does allow for vaping, edibles, oils, sprays or tinctures.

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