Judge Rules Ban On Smoking Medical Marijuana Is Unconstitutional
May 26, 2018
A state law banning patients from smoking medical marijuana is unconstitutional, a Tallahassee judge ruled late Friday.
In a highly anticipated but not surprising decision, Leon County Circuit Judge Karen Gievers found that a constitutional amendment approved by voters in 2016 that broadly legalized medical marijuana gives eligible patients the right to smoke the treatment in private.
The law banning smoking of medical marijuana “is invalid because it conflicts with the Florida Constitution and prohibits a use of medical marijuana that is permitted by the amendment: smoking in private,” Gievers wrote in Friday’s 22-page order.
A spokesman for the Florida Department of Health said the state is expected to appeal, which likely would place Gievers’ order on hold.
Gievers’ decision came a little more than a week after a hearing in which Cathy Jordan, a patient who was diagnosed with Lou Gehrig’s disease more than three decades ago, told the judge she credits smoking joints with saving her life.
Jordan is among the plaintiffs in the lawsuit initiated by John Morgan, the Orlando trial lawyer who largely bankrolled what was known as Amendment 2. The prohibition on smoking medical marijuana was included in a law passed last year that implemented the constitutional amendment.
The amendment does not expressly authorize smoking pot but gives the state the authority to enact regulations regarding medical marijuana use, lawyers for the state have maintained.
But, agreeing with the plaintiffs, Gievers found that the language in the amendment “recognizes there is no right to smoke in public places, thereby implicitly recognizing the appropriateness of using smokable medical marijuana in private places consistent with the amendment.”
The “ability to smoke medical marijuana was implied” in the constitutional language “and is therefore a protected right,” Gievers wrote.
Shortly after Gievers’ opinion was released, Morgan tweeted: “When I start something I finish it. Truth prevails!! The voters will be done!! #BELIEVE #ForThePeople #NoSmokeIsAJoke.”
Sen. Bill Galvano, a Bradenton Republican who will take over as Senate president in the fall, said Friday evening he had not read the order but intended to review it to ascertain the judge’s reasoning. “It is a significant departure from what was passed (in the law),” he said.
Lawmakers enacted the prohibition on joints — derided as “no smoke is a joke” by critics — largely to protect the public from the ill effects of smoking, lawyers for the state argued during the May 16 hearing.
But Jon Mills, a former House speaker who was instrumental in crafting the amendment and represents the plaintiffs, insisted that the Constitution in a variety of ways allows smokable marijuana, including in how marijuana is defined.
For example, the constitutional amendment relied on a 2014 definition of marijuana in Florida criminal law, which includes “all parts of any plant of the genus Cannabis, whether growing or not.” That includes whole-flower marijuana, which is used for smoking, the plaintiffs contend.
Gievers agreed.
“The amendment addresses the role of each of the three branches of Florida’s government in making sure that those who need marijuana for treatment of their pertinent medical issues are able to have safe access to it, without restriction except that there is no right to smoke in public places,” she wrote.
During the May 16 hearing, Jordan — who relied on her husband to interpret her speech — testified that she was given three to five years to live after being diagnosed with amyotrophic lateral sclerosis, or ALS, in 1986. She began smoking marijuana as a treatment a few years after she was diagnosed, Jordan said.
Other routes of administration — such as vaping — don’t work for her, Jordan said.
Smoking gives Jordan “dry mouth,” which offsets the excessive drooling caused by ALS, she said. And it relaxes her muscles, increases her appetite and helps combat depression, Jordan said.
“It just makes my life a lot more bearable,” said Jordan, who currently grows her own marijuana.
Ben Pollara, the campaign manager of the political committee behind Amendment 2, hailed the judge’s ruling.
“This is a huge victory for sick and suffering Floridians, who can now consume their medicine however they choose. And it’s a victory for voters, whose clear will had been thwarted by the Legislature. No smoke is a joke, and today the court agreed,” said Pollara, who’s also the head of the non-profit organization Florida for Care, which advocates for patients and the medical marijuana industry.
Friday’s decision was the second victory Gievers handed to patients who have challenged the state over medical-marijuana restrictions. Last month, she gave the go-ahead to Tampa strip-club owner Joe Redner to grow his own medical marijuana for “juicing.” The 77-year-old Redner’s doctors ordered the juicing treatment to keep his lung cancer in remission. The state has appealed Gievers’ decision.
Mills praised Gievers’ ruling in the smokable marijuana case.
“I’m delighted that the Constitution has prevailed,” he told The News Service of Florida. “This upholds the will of the people, and we’re grateful the justice system worked.”
by Dara Kam, The News Service of Florida
FDOT: No Lane Closures For Holiday Weekend
May 26, 2018
No lane closures are planned on state roadways today through Monday in recognition of the Memorial Day holiday weekend. The Florida Department of Transportation said even with work suspended, drivers may encounter congestion due to increased holiday traffic and/or modified traffic patterns.
FDOT encourages drivers to be safe and obey any lower posted speed limits when traveling through highway work zones.
Wahoos Win Second Straight
May 26, 2018
The Wahoos won their second straight game against the Smokies with a 2-0 victory on Friday evening at Blue Wahoos Stadium to take a 2-1 series lead.
Pensacola struck first in the fourth inning after Nick Longhi led off with a double. He scored a batter later on Brian O’Grady’s single combined with a throwing error from the right fielder Jeffrey Baez. Taylor Sparks doubled him home later in the inning to put the Blue Wahoos up 2-0.
Southpaw Seth Varner (W, 2-0) had an impressive debut for the Wahoos. Varner pitched five shutout innings, with no walks, and five strikeouts. Alejandro Chacin (S, 1) closed out the game with two scoreless innings and six strikeouts for his first Southern League save since he led the league in 2016. The Smokies loaded the bases against him in the eighth, but he was able to pitch out of trouble.
Thomas Hatch (L, 4-3) took the loss for Tennessee after allowing the game’s only two runs over 5.2 innings.
The Blue Wahoos will look to lock up their second series win in the last three with right-hander Vladimir Gutierrez (1-6, 6.08) on the mound against Smokies right-handed pitcher Oscar De La Cruz (4-3, 5.05).
One Injured In Cantonment Rollover Wreck
May 26, 2018
One person was injured in a single vehicle rollover early Saturday morning in Cantonment.
The driver lost control an flipped their vehicle off the roadway about 2:55 a.m. on County Road 97 and Britt Road. One person was transported to the hospital by Escambia County EMS with non-life threatening injuries.
The Florida Highway Patrol is investigating.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Driver Injured In Collision With Utility Pole
May 26, 2018
One person was injured in a collision with a utility pole in Cantonment early Saturday morning.
The accident was about about 3:45 a.m. on South Highway 95A near Archer Road. The driver’s injuries were not life-threatening.
The Florida Highway Patrol is investigating.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Scott Declares State Of Emergency In Florida Due To Alberto
May 26, 2018
Today, Governor Rick Scott declared a state of emergency in all 67 Florida counties as the state continues to monitor and prepare for Subtropical Storm Alberto. By declaring this state of emergency, Governor Scott is ensuring that state and local government has ample time, resources and flexibility to get prepared for this storm.
Governor Scott said, “As we continue to monitor Subtropical Storm Alberto’s northward path toward Florida, it is critically important that all Florida counties have every available resource to keep families safe and prepare for the torrential rain and severe flooding this storm will bring. Today, I have declared a state of emergency in all 67 Florida counties to make sure that our state and local governments are able to coordinate with federal partners to get the resources they need. Yesterday, I directed the State Emergency Operations Center activate to Level 2 and I will continue to be in constant communication with state and local emergency management officials as this storm approaches Florida.
“If any Florida family doesn’t have an emergency preparedness plan, now is the time to act. Remember, the track of these storms can change without notice. Do not think that only areas in the cone will be impacted – everyone in our state must be prepared. I encourage every Floridian to visit FloridaDisaster.org and get your plan before this storm hits so you can keep your family safe. We will continue to provide updates to Florida’s residents and visitors and do everything to prepare for and respond to this storm.”
Scott said the Florida National Guard has 5,500 members available for deployment if needed, and state agencies are actively monitoring Alberto and standing by to respond as needed.
Free Beans And Rice Saturday
May 25, 2018
Rain or shine, St. Monica’s Episcopal Church will be distributing free dried beans and rice at the church on Saturday, May 26 from 9 to 11 a.m.. Anyone who needs them can pick up rice and beans as long as supplies last. St. Monica’s is located at 699 S. Hwy 95-A in Cantonment.
Vehicle Overturns In Walmart Parking Lot After Driver Hits Fire Hydrant
May 25, 2018
Two people were injured when a driver flipped a vehicle in the parking lot of the Ensley Walmart Friday afternoon.
The driver hit a fire hydrant in the parking lot just before 2 p.m., causing the vehicle to overturn onto its roof. Two people were transported to the hospital by Escambia County EMS.
The Florida Highway Patrol is continuing to investigate the incident.
NorthEscambia.com photos by Kristi Barbour, click to enlarge.
Name Released Of Atmore Man Found Dead In A Field
May 25, 2018
Authorities have released the name of a man found dead in a field in Atmore Thursday evening.
He has been identified as 63-year old Clinton Dortch of Atmore.
Atmore Police Chief Chuck Brooks said his body was discovered by family members in a field on Northgate Drive, off Highway 21 North.
Dortch reportedly lived nearby and would often walk through the field. He was last seen on Monday, according to Brooks.
An autopsy will be performed by the Alabama Department of Forensic Sciences to determine the exact cause of death.
NorthEscambia.com file photo.
Escambia County Offers Sand For Sandbag Storm Prep
May 25, 2018
Escambia County is offering sand for sandbags for residents living in flood-prone areas. The sand is available on a first come, first served basis. Residents must bring their own sandbags and shovels to one of the following locations (map):
- Travis M. Nelson Park - 4541 County Road 4
- Don Sutton Park – 2320 Crabtree Church Road
- Escambia County Road Department – 601 Highway 297-A
- Equestrian Center – 7750 Mobile Highway
- John R. Jones Jr. Athletic Park – 555 E. Nine Mile Road
- Brent Athletic Park – 4711 N. W St.
- Ferry Pass Middle School – 8355 Yancey Lane, sand will be on the northwest corner of school property on Parazine Street
- Baars Field Athletic Park – 13001 Sorrento Road
Sandbags can be purchased at most local hardware or home improvement stores, typically for a low cost.
