We predicted it months ago. A Judge in Tallahassee ruled the ban on smoking prescribed marijuana unconstitutional last May. This created a conflict in the law. On May 18, Gov. Ron DeSantis signed into legislation to repeal the ban on smoking medial marijuana.
So What Really Happened
Gov. DeSantis filed a motion to Dismiss the State’s Appeal of the State’s appeal of the Tallahassee Order. Along with the order, the governor signed legislation that make smoking an acceptable form of a “marijuana delivery device”.
Patients can now receive 2.5 ounces of whole flower cannabis every 35 days. The changes may take a bit of time to implement.
Key Issues for the courts
Prior to the change in the legislature, the odor of marijuana in a vehicle gave rise to probable cause for a search. Since medical marijuana was passed, we have argued that the odor of Raw marijuana was not Probable Cause until it was determined that the Defendant didn’t have a prescription. The courts will now have to look at whether the odor of burnt marijuana needs a similar inquiry before a search is legal. We will see.