The order also rejected sending the case to the Florida Supreme Court as a “question of great public importance.”
A three-judge panel of the appeals court in April overturned a ruling by Leon County Circuit Judge Karen Gievers, who last year gave Redner the go-ahead to grow marijuana for juicing purposes.
Redner’s doctor ordered a juicing treatment that uses live marijuana plants to prevent a relapse of stage 4 lung cancer, according to court documents.
Emulsification, or juicing, of the “biomass of the marijuana plant” was determined to be “the most effective way” for Redner “to get the benefit of medical marijuana,” Gievers decided.
The lawsuit was based on a 2016 constitutional amendment that broadly legalized medical marijuana. But a three-judge panel of the appeals court rejected Redner’s interpretation of the constitutional amendment.
“The term ‘use’ is not defined by the amendment. However, it is clear, when one examines the entire amendment, that ‘use’ does not mean ‘grow’ or ‘process,’ as Mr. Redner argues,” the April ruling said.
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