Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On July 3, 2018, the First District Court of Appeal reinstated an automatic stay on the lower court’s decision that an existing medical marijuana smoking ban is unconstitutional. The lower court ruled that smoking marijuana is an acceptable medical treatment. However, marijuana opponents obtained a stay on allowing it while they appeal. The appeals court disagreed with Circuit Judge Karen Gievers’ previous decision to lift the stay.

The appeals court found that the plaintiffs failed to demonstrate that they will suffer irreparable harm if the automatic stay is reinstated. In May 2018, Judge Gievers ruled that Section 29 in the Florida Constitution allows qualifying patients to access, possess and use marijuana for medical treatment as recommended by their physician, with no restriction on the method of use except for a ban on smoking in public. Click here to learn more on her recent judgement.

The appeals court stated that after a preliminary review of the wording of the Medical Marijuana Amendment and the disputed law, it concluded that the plaintiffs had not sufficiently demonstrated a likelihood of success on the merits as required to justify vacating the automatic stay.

The case is People United for Medical Marijuana Inc. et al. v. Florida Department of Health et al., case number 2017-CA-001394, in the Circuit Court for the Second Judicial Circuit of Florida. To view the order in full and learn more, click here.

For more information on another one of Judge Gievers recent cases involving medical marijuana, click here to read one of my prior blogs.

Still hazy on the status of medical marijuana in Florida? Check our Marijuana Law Blog regularly for news updates!

Contact Experienced Health Law Attorneys for Medical 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 or (850) 439-1001 and visit our website at


Hale, Nathan. “Medical Pot Smoking Ban Stays In Place As Fla. Fights On.” Law360. (July 6, 2018). Web.

“Up in smoke: Appeals court rejects bid to allow smokable medical marijuana in Florida.” News Service of Florida. (July 3, 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. The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone (407) 331-6620.

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