Constitutional law is kind of a funny thing. Though sacred to lawmakers and patriots alike, U.S. and state constitutions are rife with grammatical errors, contradictions, and frustrating vague language. That’s why, 250 years after it was written, we’re still not really sure what rights the 2nd Amendment guarantee, and we’re pretty sure, but not positive, that Texas can just divide into four states if it wants to.
And then there’s Florida, where some more confusing laws and vague language have come under constitutional review. Specifically, a judge in the state recently made the ruling that a ban on smoking medical marijuana is unconstitutional.
Way back in 2016 Florida voters approved a constitutional amendment to permit MMJ patients to use cannabis extracts, edibles, sprays, and tinctures. Then in 2017 the Legislature passed a provision banning the use of smokable cannabis and Gov. Rick Scott signed the bill into law.
But luckily for all the law-abiding MMJ users in the Sunshine State, two patients with the help of the group People United for Medical Marijuana challenged the provision. They argued that last year’s provision only banned smoking in public, and therefore patients should be allowed to use smokable marijuana in private.
This week they won out as Leon County Circuit Judge Karen Gievers ruled in favor of the plaintiffs, as reported by the Associated Press.
John Morgan, who headed the challenge against Florida law, tweeted after the ruling that “truth prevails.”