Should people who need medical marijuana be able to grow it?

One Floridian is fighting for that answer to be yes. Joe Redner is an entrepreneur, the owner of Mons Venus strip club, has lung cancer and uses marijuana to treat it. Redner filed the lawsuit against the Department of Health because of its rules against Floridians growing cannabis for their own medical use.

On Wednesday, a state circuit court judge denied a motion by the Florida Department of Health to dismiss the case and called his case “constitutional in nature.” The judge also denied Redner’s motion for an emergency temporary injunction.

“We are currently in negotiations with the state now,” Redner said, “we are talking about various places where I can grow it that they approve of and that’s ok with me. I just want a place where I can grow cannabis and juice it for my health.”

In the lawsuit, Redner claims the Department of Health is not following the Florida Constitution. Back in 2016, the public voted in favor of an amendment legalizing medical marijuana.

“I think this is a long time coming. Marijuana never killed anybody. Opioids are killing thousands of people but marijuana is not addicting and it helps ease seizure symptoms,” Redner said, “In places where they’ve made marijuana legal, opioid deaths have gone down by more than 25%.”

The Department of Health has two weeks to respond to Redner’s lawsuit.

“I’d like to start growing about 20 plants within the next two to three months,” Redner said.

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