On May 23, 2018, we published revised versions of our Privacy Policy and User Agreements. Please read these updated terms and take some time to understand them. Your use of our services is subject to these revised terms.
Yes, I Agree.

420 with CNW – Florida Judge Rules that Cap on Dispensaries is Unconstitutional

A Circuit Court Judge, Karen Gievers, has ruled that the state and the health department in Florida violated the constitution when they imposed a cap on the number of dispensaries that a licensed business could open within the state.

Trulieve sued the state and asked court to strike down the cap on dispensaries that had been imposed limiting each business to a maximum of 30 outlets. Initially, the cap was at 25 but it was raised to 30.

The plaintiff successfully argued that patients could get better access to medical marijuana treatment centers at an affordable cost if more dispensaries were available instead of forcing patients to incur the cost of vehicle delivery of cannabis to their addresses.

The company had also argued that the ban, which was imposed long after they had opened a number of outlets, affected their business since they wouldn’t have opened dispensaries in some locations had they had prior awareness of that cap. Trulieve therefore asked court to nullify that cap so that their business isn’t unnecessarily hampered.

The judge agreed and wrote in her ruling that the state didn’t have any plausible reason to impose such a restriction on legally licensed businesses. Furthermore, the judge observed that the cap wasn’t mentioned anywhere in the constitutional amendment legalizing medical cannabis.

The state made a vain attempt to justify the cap by saying that the local and state authorities needed time to study how to regulate medical cannabis. Judge Gievers threw out this argument saying that the constitutional amendment didn’t provide for such “study” and that she didn’t get evidence of what needed to be “studied” for three years.

She argued that the state had ample time to study medical cannabis regulation as much as they wanted before the first medical cannabis law was passed years back in 2014.

This same judge lifted the ban on smoking medical cannabis and gave the state a dressing down for the blatant way in which it was disregarding constitutional provisions while implementing the medical marijuana program. The previous Governor, Rick Scott, appealed against that ruling and left office before the appeal was heard.

Recently, Gov. DeSantis threatened to withdraw from pursuing that appeal if the legislature didn’t amend the law to allow patients to smoke medical cannabis. He gave the legislators a few weeks to act or else the courts will be left to change the law by judicial declaration.

Golden Developing Solutions, Inc. (OTC: DVLP), Green Growth Brands, Inc. (CSE: GGB) (OTCQB: GGBXF) and the whole industry welcomes the decision of the court since patients in Florida will now have medical cannabis dispensaries closer to them.

About CannabisNewsWire

CannabisNewsWire (CNW) is an information service that provides (1) access to our news aggregation and syndication servers, (2) CannabisNewsBreaks that summarize corporate news and information, (3) enhanced press release services, (4) social media distribution and optimization services, and (5) a full array of corporate communication solutions. As a multifaceted financial news and content distribution company with an extensive team of contributing journalists and writers, CNW is uniquely positioned to best serve private and public companies that desire to reach a wide audience of investors, consumers, journalists and the general public. CNW has an ever-growing distribution network of more than 5,000 key syndication outlets across the country. By cutting through the overload of information in today’s market, CNW brings its clients unparalleled visibility, recognition and brand awareness. CNW is where news, content and information converge.

To receive instant SMS alerts, text CANNABIS to 21000 (U.S. Mobile Phones Only)

For more information please visit https://www.CannabisNewsWire.com

Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW, wherever published or re-published: http://CNW.fm/Disclaimer

Do you have a questions or are you interested in working with CNW? Ask our Editor

CannabisNewsWire (CNW)
Denver, Colorado
www.CannabisNewsWire.com
303.498.7722 Office
Editor@CannabisNewsWire.com

Archives

Select A Month

Official NewsWire Relationships

Benzinga Cannabis Capital Conference Cannabis Business Summit & Expo 2019 Cannabis Drinks Expo MjMicro Conference New England Cannabis Network O'Cannabiz Conference & Expo

CannabisNewsWire Currently Accepts

Bitcoin

Bitcoin

Bitcoin Cash

Bitcoin Cash

Ethereum

Ethereum

Litecoin

Litecoin

USD Coin

USD Coin

Contact us: 303.498.7722