Jim Rosica – Page 3 – Florida Politics

Jim Rosica

Jim Rosica covers state government from Tallahassee for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at jim@floridapolitics.com.

Judge says OK to quick effect of marijuana ruling

No surprise: A Tallahassee judge has decided her ruling to allow patients to smoke medical marijuana in Florida should be effective sooner rather than later. 

In a Tuesday orderCircuit Judge Karen Gievers said her decision will now take effect Monday, according to plaintiffs’ counsel Jon Mills

His clients include Cathy Jordan, a woman with Lou Gehrig’s disease who had testified she wouldn’t be alive but for smoking marijuana.

“The judge perceived the urgency here,” Mills said in a phone interview. “There will be people who need to obtain relief, and they either can’t do it or risk committing a crime.”

The state had appealed the decision, which places an automatic ‘stay,’ or hold, on the ruling pending review. Gievers’ latest order lifts that stay.

The state’s attorneys are expected to next ask the 1st District Court of Appeal to reinstate the stay, as they did in the case of Tampa strip club owner Joe Redner, whom Gievers allowed to grow his own marijuana for juicing.

A spokesman for the Florida Department of Health said the agency is reviewing the ruling and “working every day to implement the law.” The agency said medical marijuana is still available to patients.

“Our focus remains with ensuring that patients have access to medical marijuana, and the Florida Department of Health has made significant progress in making this treatment available,” interim communications director Devin Galetta said.

In fact, there are more than 117,00 patients who have access to medical marijuana and over 1,300 doctors are licensed to order this treatment. There are dispensaries located across the state and patients have access to home delivery.”

The latest move doesn’t mean Jordan and others will be able to buy marijuana for smoking anytime soon, however.

As Assistant Attorney General Karen Brodeen said at a Monday hearing, there is no way now to get medical marijuana for smoking, and even if legal it would have to subject to rulemaking, “which could take several months.”

In other words, smokable medical marijuana still won’t be available as of Monday.

The legal challenge over smoking was organized by Orlando attorney John Morganwho bankrolled the 2016 state constitutional amendment allowing medicinal cannabis.

On Tuesday, he again tweeted to Gov. Rick Scott to drop the appeal: “#SlickRick please follow the law & the will of 72% of the people. Everyday you waste taxpayers’ money w/ this frivolous appeal sick people, veterans, cops, firefighters & cancer patients suffer! Where is your compassion man?”

He ended the tweet with a quote from Tuesday’s order: “There is no likelihood of success by the (state on appeal).”

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Updated 10 p.m. — Morgan sent the following statement to Florida Politics:

“The judge said the choice between breathing and committing a crime was not fair. Rick Scott is wasting taxpayers’ money on this frivolous appeal while veterans, cops, firefighters (with PTSD) and really sick people suffer. This callous meanness has no room in Florida. This act of cruelty will cost him the Senate seat. Medical (marijuana) got 500,000 more votes than he did.”

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Florida Politics’ Danny McAuliffe contributed reporting. 

Florida Bar again asks for early win in traffic-ticket firm case

Saying there is “no doubt or conflict in the evidence,” The Florida Bar has asked the state’s Supreme Court for an early win in its effort to shut down a Miami firm that fights people’s traffic tickets for them.

The Bar asked for summary judgment in its case against TIKD, which it says is engaging in the unlicensed practice of law, or UPL.

In lower courts, summary judgment allows parties to win without a trial. Here, it would mean not giving the case to a lawyer “referee” to suss out the facts — though not doing so is a rare occurrence in UPL cases.

The Bar previously requested a “judgment on the pleadings,” bypassing oral arguments “when the outcome of the case rests on the court’s interpretation of the law.” It regulates the state’s more than 100,000 lawyers and prosecutes the unlicensed practice of law. 

“The undisputed facts support a finding, on all counts, that (TIKD is) engaged in the unlicensed practice of law,” said the Bar’s motion, filed late Monday.

“As a matter of law, (TIKD has) no defense and would not have anything substantive to testify to (that) would alter the outcome,” it says. “Consequently, (its) motion for summary judgment should be denied and The Florida Bar’s motion … should be granted.”

It says TIKD is in the wrong, in part because founder and CEO Chris Riley — a U.S. Navy commander-turned entrepreneur  isn’t a lawyer but his company advertises and acts like a law firm. The company hires lawyers to fight people’s traffic tickets; if TIKD loses, it pays customers’ fines or court costs.

The company’s previous filing said “administrative and financial services provided by TIKD are separate and distinct from the legal services provided by the lawyers who represent TIKD’s customers.

“… All legal advice and representation is provided by independent, licensed Florida lawyers pursuant to a separate attorney-client agreement,” it said. “TIKD is not involved in the attorney-client relationship or attorney-client communications and does not direct or influence the attorneys’ legal judgment or representation.”

But The Bar countered that “… a corporation owned and operated by non-lawyers (can’t) employ an attorney to give legal advice to its customers.”

‘Flower’ fight: Citrus preference sparks medical marijuana rule challenge

A Tampa orchid nursery seeking to break into the medical marijuana market is challenging the Department of Health‘s plan to give a preference in how it awards new licenses to grow the plant.

Louis Del Favero Orchids filed a challenge Friday to a proposed rule from the department’s Office of Medical Marijuana Use, which regulates the drug.

At issue is a provision in state law that gives preference in granting medical marijuana provider licenses to companies with underused or shuttered citrus factories. It’s part of legislation that implemented the 2016 constitutional amendment allowing medical marijuana in the state.

For up to two licenses, according to state law, “the department shall give preference to applicants that … own one or more facilities that are, or were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses and will use or convert the facility or facilities for the processing of marijuana.”

Del Favero says in its filing it bought “facilities that were used in citrus processing specifically for the purpose of converting those facilities for use in processing medical marijuana.”

Now, the company suggests it could have a white elephant on its hands.

The state’s proposed rule, the challenge says, “would provide no additional points to most applicants that qualify for the citrus preference” and “provides no assurance that the preference will actually result in any licenses being issued to applicants” that qualify.

Del Favero also argues that the department goes too far in using the word “property,” rather than “facility” as in law, saying it’s “granting the citrus preference to a broader group of applicants than the statute permits.”

But it’s not clear lawmakers intended on applicants simply buying an old packing plant to take advantage of the preference.

Sen. Rob Bradley—the Fleming Island Republican who sponsored the legislation during a 2017 Special Session—has said the preference was born to benefit longtime citrus producers who took a hit in recent years from the citrus greening malady.

“If you travel parts of the state, it breaks your heart to see these old orange juice factories, jobs lost,” he said then. “Transitioning some of those facilities to something new is good.”

He also told the News Service of Florida last year that “some of those old-line facilities and businesses are deteriorating much like the city of Detroit. This would allow them to have an opportunity to redesign or repurpose their facilities.”

Bradley declined immediate comment when reached Monday, saying he wanted to review the filing.

Added Devin Galetta, interim communications director for the Florida Department of Health: “The department received the petition this afternoon and is in the process of reviewing.”

Del Favero is no stranger to marijuana litigation.

In one instance, it filed to intervene in a lawsuit last year by Sarasota’s Tropiflora, which argued the citrus preference was an “unconstitutional special advantage” that puts the company at a “disadvantage” in competing for licenses to be what the state calls a “medical marijuana treatment center.”

That suit had been set for trial later this month, but Tropiflora withdrew it without explanation in May.

Judge will decide on lifting ‘stay’ in smokable marijuana case

A Tallahassee judge on Monday did not immediately rule on whether to immediately make effective her ruling to allow patients to smoke medical marijuana in Florida. 

After a nearly hourlong hearing, Circuit Judge Karen Gievers said she’d take the plaintiffs’ request “under advisement” but added she would make a decision “as quickly as possible.”

Gievers also asked plaintiffs’ attorney Jon Mills if his clients would object to holding off for a short time before she lifted a ‘stay‘ on the decision. Mills said OK to a week’s delay.

His clients include Cathy Jordan, a woman with Lou Gehrig’s disease who had testified she wouldn’t be alive but for smoking marijuana.

The judge on May 25 overturned part of a law passed last year by the Legislature that prohibited patients with “qualifying medical conditions” from smoking medicinal cannabis.

She had agreed with the argument that 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.”

“It seems the constitutional argument is clear,” Mills told Gievers. “It’s simply not possible for a statute (and thus, legislators) to substitute its judgment for that of the constitution.”

Assistant Attorney General Karen Brodeen countered that there is no way now to get medical marijuana for smoking, and even if legal it would have to subject to rulemaking, “which could take several months.”

In other words, even if the stay was lifted, smokable medical marijuana wouldn’t be “immediately” available.

A state law, known as an “implementing statute,” aimed to carry out the 2016 constitutional amendment that legalized marijuana for a wide range of patients. Lawmakers, however, banned smoking. That quickly drew a legal challenge organized by Orlando attorney John Morgan.

He bankrolled the amendment and put together what he calls the ‘no smoke is a joke’ lawsuit. Morgan called on Gov. Rick Scott last week to drop the appeal. Morgan did not attend Monday’s hearing.

The Florida Department of Health, which regulates the drug through its Office of Medical Marijuana Use, appealed Gievers’ ruling on allowing smokable marijuana, which led to an automatic stay of her ruling. The plaintiffs then filed a motion seeking to vacate the stay.

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Background contributed by The News Service of Florida. 

Lawyer with lupus sues Health Department for discrimination

A black attorney who has lupus is suing the state’s Department of Health for race and disability discrimination, saying she was wrongly forced to quit.

Sharmin Hibbert, 36, filed her lawsuit in Leon County Circuit Civil court on Thursday, court records show, seeking her rehiring.

Among other things, Hibbert said her supervisor—current General Counsel Nichole Geary—“reprimanded (her) for not walking to (Geary’s) office” to let her know she was not going to a meeting because of pain from a broken ankle, the suit says.  

Hibbert’s complaint says she started with the department in January 2009 and was promoted twice, reaching the position of Deputy General Counsel in 2015.

That’s also when Gov. Rick Scott hired Geary, who is white, the suit says. She soon “began to create a hostile work environment” for Hibbert, including criticisms about “failure within (her) unit” and not turning in timesheets.  

Hibbert also said she continued to work—including from home while on sick leave—through several injuries, such as the broken ankle, a broken nose and other complications from lupus, an autoimmune disease that causes the body to attack its own tissues and organs. It often causes debilitating inflammation.

Hibbert said she was “constructively terminated” in April 2016, having “resigned under duress,” her suit says.

She claims having suffered “significant emotional duress” while she worked for Geary, and then “severe depression” since leaving the department. Hibbert also says she’s had “significant financial loss” because of difficulty finding further employment.

A spokesman on Friday said the Health Department “will review the lawsuit.

Hibbert is represented by Tallahassee employment-law attorney Marie Mattox, known for suing state agencies for discrimination and retaliation cases.  

Drew Breakspear out as state’s chief financial regulator

Office of Financial Regulation Commissioner Drew Breakspear has resigned, another political casualty of the Rick Scott administration.

CFO Jimmy Patronis formally announced the departure, first reported by POLITICO Florida’s Matt Dixon last night, on Friday.

“I appreciate Commissioner Breakspear’s years of service to the state,” Patronis said in a statement. “During his time as commissioner, he had an understanding of the financial needs of Floridians, and it is my hope his years of service will help ensure a smooth transition for Florida consumers and stakeholders. I wish him all the best in his future endeavors.”

Patronis – Gov. Scott’s friend and political ally – had recently told Breakspear he “no longer ha(d) confidence” in Breakspear’s ability to lead the office, which acts as the state’s watchdog for the financial industry.

In a resignation letter published online by Dixon, Breakspear said he was resigning effective June 30, the last day of the state’s fiscal year, to “ensure a smooth transition.”

Beginning in 2015, Breakspear was one of three agency heads in Scott’s crosshairs to replace, including now-former Insurance Commissioner Kevin McCarty and former Department of Revenue executive director Marshall Stranburg. He quit in December 2015, followed by McCarty in January 2016.

With Breakspear’s resignation, the term-limited Scott – a Naples Republican now running for U.S. Senate – finally scored his trifecta.

“I am very grateful for the opportunity to serve the state of Florida, and I look forward to retirement,” Breakspear wrote.

Dixon reported last night that Breakspear “clashed with a host of powerful interests he oversees in the months leading up to … Patronis calling for his ouster, an unusually public move that shocked Florida’s political world.

Earlier this week, Patronis spokeswoman Anna Alexopoulos Farrar outlined a number of issues to support Breakspear’s potential removal, from poor decision-making and a failure to follow emerging trends and technology to “a lack of responsiveness to our office and others.”

One of the issues dealt with a sexual-harassment allegation involving employees of the Office of Financial Regulation during an after-hours event. An agency deputy declined to take action on the allegation.

“Most of the motivating factors behind Patronis’ head-turning May 3 call for (Breakspear’s) resignation … have not been discussed publicly. Hundreds of pages of public records reviewed by POLITICO indicate Patronis’ push to fire Breakspear came amid fights with scorned companies and high-profile securities traders who lobbied Patronis after disagreements with Breakspear’s office.”

Breakspear answers to the state’s Financial Services Commission, made up of Patronis, Scott, Attorney General Pam Bondi and Agriculture Commissioner Adam Putnam.

Under state law, the Commission could have fired Breakspear “by a majority vote consisting of at least three affirmative votes, with both the Governor and the Chief Financial Officer on the prevailing side.”

Patronis, a Panama City Republican running for re-election this year, sent a letter to Breakspear last month, saying “over the last 10 months, I have developed concerns over the lack of cooperation, responsiveness, and communication from your office in its dealings with your customers and Florida’s financial services community.”

“My experiences with you and your office, and the feedback I have received from my staff, have validated these concerns. I believe this is due to a lack of leadership at the top.

“… I no longer have confidence in your ability to lead the Office of Financial Regulation.  I am extending you the courtesy of letting you know that I am prepared to discuss these issues during your assessment review at the Cabinet meeting on May 15, 2018. Should there be a change in leadership, I am prepared to recommend an interim commissioner to ensure continuity of operations.”

That meeting was later canceled, and the Breakspear matter was deferred to the next scheduled Cabinet meeting on June 13. Breakspear has served as Commissioner of the Florida Office of Financial Regulation since November 2012. A Naples resident with an MBA from Harvard, Breakspear has been in the $135,158-a-year position since 2012. A longtime executive in international banking and management consulting, he had been an executive vice president and general auditor at Boston-based State Street Corp. prior to taking the state job.

“I am proud of the work the Office of Financial Regulation has done to protect the people of Florida and regulate the financial services industry,” he said in a later statement. “To date, I have had no discussions with CFO Patronis concerning the issues raised in his letter. I have since reached out to him and look forward to discussing his letter with him soon.”

Material from the News Service of Florida was used in this post.

John Morgan calls on Rick Scott to drop medical marijuana appeal

Saying “this madness has to end,” Orlando attorney John Morgan called on Gov. Rick Scott to drop the hastily-filed appeal of a decision allowing medical marijuana to be smoked in Florida.

Morgan spoke at a Tuesday news conference that was streamed live on Facebook.

In a 22-page order released Friday, Tallahassee Circuit Judge Karen Gievers said that the ban on smoking is “invalid because it conflicts” with the constitutional amendment on medicinal cannabis approved by statewide voters in 2016.

Gievers agreed with the argument that 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.”

The state filed a notice of appeal within minutes of the decision’s release. 

“How much more money is the state of Florida going to spend chasing (its) tail?” Morgan said. He backed the amendment, passed by 71 percent of voters, and filed the lawsuit against the ban. 

” … I really believe that Gov. Scott is playing with political wildfire for something that he does not have to do.” The term-limited Naples Republican now is trying to unseat incumbent Democratic U.S. Sen. Bill Nelson

Scott is “going to have to explain to veterans and really sick people and people who have really bad injuries why (he) kept this (case) going,” Morgan said. ” … Rick Scott is the boss and the buck stops there, with the man wearing the Navy hat.”

The state regulates the drug through its Office of Medical Marijuana Use, under the Department of Health, the named defendant in the case. It reports to Scott.

Last year, lawmakers approved and Scott signed into law an implementing bill for the amendment that does not allow marijuana to be smoked. It does allow edibles, oils and ‘vaping,’ among other uses.

That statute now must be “stricken,” Gievers said, as “unconstitutionally inconsistent.”

“Anybody that gets upset if he decided to drop this appeal, they’re not going to vote against him,” Morgan said. ” … I believe Gov. Scott has a political chance to make a huge dent … Imagine the headlines tomorrow: ‘Great Scott: Gov. Scott drops medical marijuana appeal.’ I think he gains five points overnight.”

Assuming the governor presses forward, “the fight goes on,” Morgan said. “They did not count on a person like me. Thank God I have the resources … Thank God I hate to lose.”

Rick Scott declares state of emergency as Alberto approaches

Gov. Rick Scott on Saturday declared a state of emergency in all 67 Florida counties as the state waits for Subtropical Storm Alberto.

The declaration makes sure “that our state and local governments are able to coordinate with federal partners to get the resources they need,” Scott said in a statement after signing an executive order.

“Do not think that only areas in the cone will be impacted — everyone in our state must be prepared,” he added.

The state’s emergency management director earlier on Saturday said Alberto is still an unknown quantity.

“The only thing that we know about Alberto so far is that we don’t really yet know Alberto,” said Wes Maul, speaking at an internal briefing at the state’s Emergency Operations Center in Tallahassee. “The timing is uncertain, the impacts are uncertain, the intensity is uncertain.”

“But we do know the entire state will see impacts regardless of the final formation … (and) we could be thrown a surprise anywhere,” from swelling rivers to tornadoes to local flooding, he said.

Maul also warned state staff: “Don’t take this ‘subtropical’ fancy language for granted. We’ve seen these scenarios before …

“The bottom line is this: We’ve got a public that needs more and better information as it relates to what they are about to face,” Maul said. “We’ve got counties that are going to need assistance in a rush for preparedness.

“And we have citizens that could end up displaced for potentially days after the storm leaves, under blue skies … Stay focused, tell me what you need.”

Chief State Meteorologist Amy Godsey repeated Maul’s advice about the ‘subtropical’ term: “It doesn’t mean the impacts will be any less severe. It actually means the impacts could be more wide-reaching than a traditional tropical storm.”

The latest advisory from the National Hurricane Center, as of 8 a.m. Saturday, has Alberto 700 miles south of Panama City, with a winds of up to 40 mph, moving north-northeast at 7 mph.

“Heavy rainfall is expected to affect western Cuba … and the northeastern Gulf Coast through the weekend,” it said.

Landfall could occur “anywhere in the Panhandle,” Godsey said, especially with the storm continuing to shift eastward.

But the “impact cone should be encompassing the entire state of Florida,” she added. Sunday and Monday is when the storm will most be a “statewide issue.”

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For the latest storm updates, visit floridadisaster.org or follow @FLSert on Twitter.

Judge strikes down ban on smoking medical marijuana

Quoting George Washington and Thomas Jefferson, a Florida judge has ruled that the state’s ban on smoking medical marijuana is unconstitutional.

In a 22-page order released Friday, Circuit Judge Karen Gievers said that the ban on smoking is “invalid because it conflicts” with the constitutional amendment on medicinal cannabis approved by statewide voters in 2016. A one-day trial was held last Wednesday. 

The ban “prohibits a use of medical marijuana that is permitted by the amendment: smoking in private,” she wrote. The suit is against the Department of Health, which regulates the drug through its Office of Medical Marijuana Use.

Health Department spokesman Devin Galetta said the agency will appeal the ruling, which will put an automatic delay on its effect. 

“This ruling goes against what the Legislature outlined when they wrote and approved Florida’s law to implement the constitutional amendment that was approved by an overwhelmingly bipartisan majority,” he said in an email.

The amendment, passed by 71 percent of voters, was spearheaded by Orlando attorney and entrepreneur John Morgan, who filed the lawsuit against the ban. 

“When I start something I finish it. Truth prevails!! The voters will be done!! #BELIEVE #ForThePeople #NoSmokeIsAJoke,” he tweeted Friday. 

Gievers agreed with argument from plaintiff’s counsel Jon Mills that 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.”

In an email to Florida Politics, Morgan called the decision “a huge win for Floridians.” He sat at counsel’s table but did not participate in last week’s trial.

“I hope and pray that Gov. (Rick) Scott and (Attorney General) Pam Bondi don’t appeal this win for the people,” he added. “I think this could be a major issue in the U.S. Senate race. It has all drug out long enough.

“…Let the people find compassionate care while they recover and also while they die in dignity,” Morgan said. Representatives for Scott and Bondi were not available Friday evening.

But Kim Rivers, CEO of Florida medical marijuana provider Trulieve, late Friday said her company “stands ready to provide Florida patients (with) full flower cannabis” that can be smoked: “We look forward to guidance from the Department of Health on next steps to approve this next form of medicine for patients.

*                    *                    *

Gievers began by quoting Washington’s 1796 Farewell Address that people have the right to “make and alter” their constitutions, which are “sacredly obligatory upon all.” She added a line from Jefferson that written constitutions should be not be made “blank paper(s) by construction.”

The Legislature’s ability to pass laws is not “unfettered,” the judge wrote, in that lawmakers can’t “overrule or ignore the ‘sacred obligation’ referred to by President Washington.”

“Just as no person is above the law, the Legislature must heed the constitutional rights Floridians placed in the Constitution in 2016,” Gievers wrote.

The judge noted that “no legislation is needed to implement the Amendment,” but that if lawmakers chose to pass laws related to it, those acts must be “consistent with” the amendment.

Because the amendment doesn’t require the “accommodation” of smoking marijuana in public, Gievers reasoned – as did Morgan and Mills – that “the ability to smoke medical marijuana was implied in this language and is therefore a protected right,” the order says.

Last year, lawmakers approved and Gov. Rick Scott signed into law an implementing bill for the amendment that does not allow marijuana to be smoked. House Republican Leader Ray Rodrigues of Estero, who sponsored the measure, has said “we don’t believe you smoke medicine.” Edibles and “vaping” are permitted, however. Rodrigues couldn’t be reached.

That statute now must be “stricken,” Gievers said, as “unconstitutionally inconsistent.”

Gievers also called “compelling” testimony from plaintiff Cathy Jordan, a Manatee County woman who has Lou Gehrig’s disease, uses a wheelchair and struggles to speak. She testified at trial that she’s been smoking marijuana since the late 1980s: “I figured, ‘what the heck, what’s it gonna do, kill me?’ “

“Qualifying patients,” including Jordan, “have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their physicians, including the use of smokable marijuana in private places,” the judge wrote.

Gievers, elected to the circuit bench in 2010 from private practice, also recently ruled in favor of Tampa strip club mogul Joe Redner, whose lung cancer is in remission. He sued to be able to grow his own marijuana to make juice of it. The state is now appealing that ruling. 

Supreme Court takes initial pass on ‘home grow’ case

The Florida Supreme Court has turned down a request from Tampa strip club mogul Joe Redner to let him immediately pursue growing and juicing his own marijuana.

The court on Friday denied his petition to remove a delay of the effect of a lower court’s ruling. The case now is under review at the 1st District Court of Appeal.

Friday’s 1-paragraph order says Redner had “failed to demonstrate” that getting involved now was “necessary to protect this court’s eventual jurisdiction or to prevent irreparable harm.”

Circuit Judge Karen Gievers had tried to make her order last month immediately applicable.

It confirms that Redner — a 77-year-old lung cancer survivor — has the right to ‘home grow’ under 2016’s constitutional amendment on medical marijuana. His doctor says juiced marijuana is the best way to keep his cancer in remission. 

The Department of Health, which regulates the drug through its Office of Medical Marijuana Use, appealed. That caused the delay of the effect of Gievers’ ruling. The state says only licensed medical marijuana providers can grow cannabis in Florida.

Luke Lirot, Redner’s attorney, has said the state erroneously argues that the amendment doesn’t mean what it says: That qualified marijuana patients can grow their own.

The state’s legal definition of “cannabis” says it’s “all parts of any plant of the genus Cannabis, whether growing or not (and) the seeds thereof,” which Lirot says bolsters Redner’s case.

Redner, owner of the Mons Venus nightclub, is a vegan. Gievers’ order limits him to no more than eight ounces or raw marijuana daily, based on his doctors’ recommendations. It applies only to Redner and allows him to “possess, grow and use marijuana” only for juicing.

Health spokesman Devin Galetta has said the agency “fully expects Judge Gievers’ ruling to be reversed on appeal.”

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