A Florida appellate court ruled on Tuesday that a law enacted to license cannabis providers in the state does not comply with the amendment that legalized medical marijuana and is therefore unconstitutional. The ruling by the 1st Court of Appeals in Tallahassee held that the law requiring cannabis businesses to be vertically integrated and handle all aspects of cannabis production from seed to sale created an oligopoly and should be struck down.
The court also upheld the lower court’s ruling that provisions of the medical marijuana regulations enacted by the state legislature that capped the number of licenses for providers also did not conform with the amendment passed by voters in 2016. The decision by a panel of three judges is expected to be further appealed to the Florida Supreme Court, according to media reports.
Suit Challenges Vertical Integration Requirements
A suit challenging the requirement that cannabis providers in the state be vertically integrated was filed by Florigrown, a company based in Tampa.
Leon Circuit Judge Charles Dodson, who heard the case, ruled in favor of the plaintiff, finding that the regulations passed by lawmakers in a 2017 legislative special session did not properly carry out the amendment. Dodson then issued