In a case that could have a dramatic impact on the state’s pot industry, the Florida Supreme Court made the unusual move Wednesday of hearing a second round of arguments in a challenge to a state law aimed at implementing a constitutional amendment that broadly legalized medical marijuana.
Tampa-based Florigrown LLC is challenging the 2017 law, which created a regulatory structure for the state’s medical marijuana industry. Florigrown, whose owners include prominent strip-club operator Joe Redner, alleges that the law improperly carries out the amendment.
One part of the law requires medical marijuana operators to handle all aspects of the cannabis business, including growing, processing, distributing and selling products. But Florigrown maintains the requirement, known as a “vertical integration” system, runs afoul of the constitutional amendment, approved by more than 71% of voters in 2016. The vertical integration requirement limits the number of companies that can participate in the industry, the Tampa business contends.
Florigrown won in lower courts after initiating its legal challenge three years ago. Wednesday’s arguments came after Gov. Ron DeSantis’ administration appealed an appellate-court decision that upheld part of a temporary injunction issued by Leon County Circuit Judge Charles Dodson, who found that the 2017 law conflicted with the constitutional amendment.
The Supreme Court heard arguments in the case in May but, in a rare move, ordered a new round of arguments focused on whether the statute equates to an unconstitutional “special law.” The Florida Constitution bars “special” laws, which, generally, are intended to benefit specific entities.