Litigation Over Smoking In Florida

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As noted in my prior post, when the Florida Legislature finally passed laws to implement Amendment 2 (medical marijuana) it did not include smoking as a permissible use for medical marijuana.

And, as expected, litigation has been filed to permit medical marijuana to be smoked.  The Florida law does permit vaping of medical marijuana.  Florida legislators have defended their position by noting that Amendment 2 did not specifically permit smoking of medical marijuana and instead made clear that smoking medical marijuana was not permitted in public spaces.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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