In an order issued Wednesday, Judge Karen Gievers wrote that the medical marijuana law passed by the Legislature in 2014 could be interpreted to allow Redner the right to possess a live plant. | Getty Judge rules medical marijuana law may allow patients to grow own drug

TALLAHASSEE — A Leon County Circuit Court judge has ruled that the state’s medical marijuana law could arguably allow high-profile strip club owner Joe Redner to grow the plant on his own, and referred his lawsuit against the Florida Department of Health for trial.

In an order issued Wednesday, Judge Karen Gievers wrote that the medical marijuana law passed by the Legislature in 2014 could be interpreted to allow Redner the right to possess a live plant.


“The statutory definitions from 2014 make clear that the plaintiff's interpretation of the meaning of words used is supported, and justified, and the plaintiff has clearly stated a cause of action for declaratory and injunctive relief under Florida's Constitution,” Gievers wrote.

Gievers dismissed an argument made by a DOH lawyer at a Dec. 20 hearing. The state agency argued that Redner had not yet applied for a license to grow the drug. Voters approved an expansion of medical marijuana in 2016, prompting lawmakers to write a new law that includes only 10 new licenses to cultivate and distribute.

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“Finally, it is clear that the plaintiff's claims are ripe, given his rights under the constitution and the importance of his being able to access the medical marijuana to keep his cancer from recurring,” Gievers wrote. “The motion to dismiss for failure to state a cause of action, failure to exhaust administrative remedies and lack of ripeness, must be denied.”

Redner was diagnosed with stage 4 lung cancer more than five years ago, which allowed him to receive state authorization to use cannabis as medicine. He sued DOH in June. He argued during the December hearing that only the raw juice from a fresh marijuana plant is potent enough to help fight his cancer.

Gievers also dismissed Redner’s request for an emergency ruling that would have allowed him to start growing immediately. She gave DOH two weeks to respond to her order. She will then schedule a trial.