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

On January 17, 2019, new Florida Governor Ron DeSantis said that the Florida State Legislature should end its losing efforts to keep in place a ban on smoking medical pot or he will end the state’s defense of the “no smoking” policy in a pending lawsuit. The current lawsuit was brought because the state Legislature and former administration was taking the position that medical marijuana could not be smoked, despite the amendment to the Florida Constitution that was passed making medical marijuana legal. The constitutional amendment does not say anything at all about what the proper forms of medical marijuana could be, leaving most methods of ingestion open.

The new governor also indicated that he thinks the state should loosen the restrictive licensing requirements for medical marijuana treatment centers, requirements that include vertically integrated businesses and capping the number of retail outlets they can operate. He did not include, however, support for legalization of the drug’s recreational use.

The Fight for Florida’s Medical Marijuana Legislation.

In 2017, Governor Rick Scott signed, and Legislature passed, both the smoking ban and the current overly-restrictive licensing structure.  A circuit court judge ruled in May 2018, that the smoking ban is unconstitutional, but then Scott appealed the decision. Click here to read one of my prior blogs and learn more about the status of marijuana in Florida.

DeSantis indicated that he will direct state attorneys to move for a stay on any decision in the case until mid-March 2019. This will give the Legislature two weeks at the start of its annual session to pass legislation rescinding the ban, he said. If this does not happen, he said he will have the state drop its appeal of the decision, leaving the circuit court judge’s decision in place.

Make sure to check out our Marijuana Law Blog regularly to stay up to date on the changing laws and regulations. Also, visit our YouTube page and watch our Medical Marijuana Video Blog to learn more.

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


Farrington, Brenden. “Florida Governor Wants Ban on Smokable Medical Pot Ended.” U.S. NEWS. (January 17, 2019). Web.

Hale, Nathan. “Fla. Gov. Wants Legislature To Cut Medical Pot Smoking Ban.” Law360. (January 17, 2019). 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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