TAMPA, Fla. -- Despite voters approving a constitutional amendment in 2016 to allow the use of medical marijuana, it's still not legal to smoke it in Florida.

The Democratic nominee for Attorney General, Sean Shaw, announced Friday he plans to withdraw his appeal to a smokeable marijuana lawsuit.

"It does not take a rocket scientist to tell you that the nation's marijuana laws are counterproductive," Shaw said. "It doesn't even take a politician to tell you that."

Shaw said Florida has "begun the process of removing restrictions and decades of criminalization."

More: Medical marijuana smoking ruling on hold as state appeals judge's decision

Related: Hillsborough County will sue drug-makers after spike in babies born addicted to drugs

In May, a Florida judge ruled that the state's ban on smokable cannabis is unconstitutional. Florida’s Department of Health quickly appealed the ruling, imposing a temporary delay until an appellate court can issue a final order.

The only mention of smoking in the voter-backed amendment’s language and in an intent document during the 2016 campaign was that the legislature and local governments could restrict it in public places.

The legislature last year passed enacting laws that banned the sale of smoking products, citing a health risk.

►Make it easy to keep up-to-date with more stories like this. Download the 10News app now.

Have a news tip? Email desk@wtsp.com, or visit our Facebook page or Twitter feed.