A U.S. judge has denied the state of Florida’s request to dismiss a lawsuit insisting that medical marijuana can also be smoked, a local daily has reported on Tuesday.
The lawsuit is challenging a state law that has been passed last year, which prohibits patients from smoking cannabis, WTSP reported.
“They’re not doing the peoples’ will,” Bob Jordan told WTSP, who is among the plaintiffs suing the overrun the state’s decision.
Jordan’s wife Cathy has suffered from Amyotrophic Lateral Sclerosis (ALS) for more than three decades. While she qualifies for medical cannabis, Cathy is only able to smoke it.
“What happens is the vape…there’s something in there that when she does it, it makes her gag,” he said. “Believe me we’ve tried it. When she gags her throat can lock and kill her.”
The couple has been advocating for medical marijuana for 20 years. It is only last year, that medical marijuana rules were approved.
Meanwhile, Jordan’s lawyer argues the recent amendment to the marijuana law in Florida was explicit in stating that “all parts” of the cannabis plant can be used, which includes the flower used for smoking.
The lawyer, John Mills, said the amendment does stipulate a ban on smoking marijuana in public places, implying that is permitted elsewhere.