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Judge: Medical marijuana can be smoked

Those allowed to use medical marijuana could only previously do so using oils, sprays, droppers, vaping or edibles.
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medical marijuana and a doctor's prescription

TALLAHASSEE, Fla. - Smoking medical marijuana is now legal in Florida.

"Having considered the relevant testimony and other evidence and the witnesses' demeanor, credibility, frankness, and lack of frankness, and based on the finding herein, the court finds that the statute 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," Circuit Court Judge Karen Gievers wrote in her decision.

MORE: Patients battle state over medical marijuana smoking ban

The lawsuit challenged a state law banning smoking medical marijuana. Patients could only previously do so using oils, sprays, droppers, vaping or edibles.

Orlando personal injury attorney John Morgan filed the lawsuit on behalf of the Florida-based political action committee People United for Medical Marijuana, which Morgan currently chairs. The PAC led a major campaign in 2016 advocating for the passage of Amendment 2.

The ruling is a huge win for Morgan, who has used the hashtag #nosmokeisajoke when tweeting about the case.

MORE: What is Florida's medical marijuana law and why does it take so long for patients to get relief?

Florida voters legalized medical marijuana in 2016 with 71 percent support.

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