For the Second Time, Judge Gives Florida Lung Cancer Survivor the Green Light to Grow Pot

Wednesday, May 30, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 17, 2018, for the second time in less than a week, a Tallahassee judge gave Tampa resident Joe Redner the green light to grow his own pot. Leon County Circuit Judge Karen Gievers rejected a request from state health officials to block the lung cancer survivor from cultivating medical marijuana at his home.


Cannabis for Cancer.

The judge lifted an automatic delay that had been triggered when the Florida Department of Health (DOH) appealed her decision to allow the 77-year old to grow his own cannabis for juicing. Redner’s doctor ordered a juicing treatment that uses live marijuana plants to prevent a relapse of stage 4 lung cancer, according to court documents. The juicing, of the marijuana plant was determined to be the most effective way for him to get the benefit of medical marijuana,  according to Judge Gievers’ initial decision.


Opening the Door for State Medical Marijuana Regulations.  

The judge’s decision applied only to Redner himself, but this case could possibly open the door for more legal disagreements over the state’s medical-marijuana regulations.

The state argued that the constitutional amendment only authorized medical-marijuana treatment centers, licensed by the state, to cultivate marijuana. Judge Gievers disagreed, saying the Constitution allows patients to have access to whole plants and gives a right for marijuana to be used as a treatment for certain people.

The state is asking the 1st District Court of Appeal to overturn the judge’s decision. The lawyer’s for the state argued that allowing him to grow his own pot only opens the door for plaintiff and other qualified patients to grow medical marijuana unchecked from any state regulations.

To view the court documents in this case, click here.

To stay on top of Florida’s medical marijuana policies, click here to read one of my prior blogs.


Contact Experienced Health Law Attorneys for Medical and Recreational Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.


Sources:

Kam, Dara. “Lung cancer survivor can grow pot, judge again rules.” Orlando Sentinel. (April 18, 2018). Web.

“LUNG-CANCER SURVIVOR CAN GROW HIS OWN POT, FLORIDA JUDGE RULES.” Law Breaking News. (April 11, 2018). Web.


About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.


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5/30/2018

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