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 allow 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 identify smoking of medical marijuana and instead made clear that smoking medical marijuana was not permitted in public spaces.
Dori K. Stibolt is a West Palm Beach, Florida based partner with the law firm of Fox Rothschild LLP. She focuses her practice on litigation and labor and employment issues. You can contact Dori at 561-804-4417 or firstname.lastname@example.org.