The fate of a medical marijuana smoking and home grow bans are now in the hands of Florida Circuit Court Judge Karen Gievers.

A hearing held in Tallahassee on Thursday was held to consider a motion by the state to dismiss the smoking ban case which is being bankrolled by Orlando attorney John Morgan, who also bankrolled the campaign to pass legislation which vastly upgraded Florida’s medical marijuana program.

Attorney Jon Mills argued at the hearing that the constitutional amendment doesn’t specify that marijuana cannot be smoked, and therefore, lawmakers don’t have the authority to ban bud.

The judge has not ruled on the motion, but intends to make a decision “as soon as possible.”

Also in attendance at the hearing was the plaintiff in the case, Cathy Jordan of Manatee County, who suffers from Lou Gehrig’s disease and has been smoking marijuana for 20 years.

“The cannabis is keeping her alive. That’s what this all about,” her husband told reporters.

Another case involving Florida lawmakers meddling with marijuana laws (separate from the case involving smoking) will go to trial. The suit, filed by Tampa adult club entrepreneur and activist Joe Redner, challenges Florida’s ban on home grows.

Tallahassee-based Circuit Judge Karen Gievers, who is also hearing the case involving a smoking ban, denied a motion by the Florida Department of Health to dismiss the case. Gievers also rejected Redner’s motion for an emergency temporary injunction. Grievers also ruled, however, that Redner, himself a stage 4 lung cancer patient, has a constitutional right as a “qualifying patient” to possess a live cannabis plant, stating, “The greater weight of the credible evidence supports some of the factors inherent in the proper granting of the temporary injunction sought, specifically the constitutionally recognized right of the plaintiff, as a qualifying patient to possess growing plants.”

Redner says he is bankrolling the lawsuit because many patients can’t even afford to pay for their medicine, let alone a lawsuit. Redner said in a statement, “I filed this lawsuit because I couldn’t have survived cancer without medical marijuana. I am a raw vegan, and I want to juice my own raw cannabis to protect my health. The only way to do that is to grow my own cannabis.”

Luke Lirot, the Clearwater-based attorney who argued the case on Redner’s behalf says, “I think this is a huge step forward for patients in need of this critical medicine. It helps sweep away a lot of inaccurate myths and unjustified fear exhibited by those who, regardless of the overwhelming evidence, still oppose anyone having access to medical cannabis. The best part of the decision is that the Court truly embraced what we all know was the will of a vast majority of Florida’s voters.”

Gievers gave the DOH two weeks to respond, at which point a trial will be scheduled.

This article was originally written for and published on by Cannabiz News Editor Rick Schettino.