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Judge considers lifting stay on Florida smokable medical pot

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TALLAHASSEE, Fla. (AP) — A Florida judge will soon decide whether to lift a stay and allow patients to be able to access smokable medical marijuana.

Leon County circuit court Judge Karen Gievers heard testimony Monday on a motion that would vacate a stay on a May 25 ruling. That ruling said the Florida Legislature's provision banning smokable medical marijuana was unconstitutional. Voters approved a constitutional amendment in 2016 allowing the use of medical marijuana.

The state's Department of Health filed an appeal, which automatically put the implementation of the ruling on hold.

People United for Medical Marijuana and two patients with terminal illnesses have argued that because the amendment's language only mentions smoking in public, users should be allowed to smoke in private.

Gievers said shell decide "as quickly as possible."