This is the presentation that attorney Luke Lirot used in his closing arguments in the case against the DoH

1. Plaintiff’s Argument Supporting Injunctive
and Declaratory Relief
Pursuant to Article X, Section 29 of the Florida Constitution

2. At Issue in this case
• Mr. Redner is a Stage IV cancer patient who wants to juice raw cannabis
plants to help prevent a return of his cancer. Mr Redner has a medical
necessity to possess growing cannabis plants in order to juice them.
• Mr. Redner’s physician agrees. He has certified a regimen for Mr. Redner,
recommending a daily dose of 2000mg raw cannabinoids along with 400
mg of activated cannabinoids. He has provided Mr. Redner and the
Department an estimate of how many plants in various stages of growth
he will need to possess to maintain an adequate supply.
• Article X, Section 29(a)(1) of the Florida Constitution gives Mr. Redner
immunity for possessing growing cannabis plants.
• The Department is denying Mr. Redner this constitutional immunity,
leaving him subject to arrest and prosecution for engaging in this
protected activity.

3. Article X, Section 29(a)(1):
The medical use of marijuana by qualifying
patient or caregiver in compliance with this
section is not subject to criminal or civil liability or
sanctions under Florida law

4. Medical Use
Article X, Section 29(b)(6):
”Medical use” means the acquisition, possession,
use, delivery, transfer or administration of an amount
of marijuana not in conflict with Department rules…

5. Marijuana
Article X, Section 29(b)(4):
”Marijuana” has the meaning given cannabis in section
893.02(3), Florida Statutes (2014) and, in addition, “Low-THC
cannabis” as defined in Section 381.986(1)(b), Florida Statutes
(2014), shall also be included in the meaning of the term
“marijuana.”
Section 893.02(3):
“Cannabis” means all parts of any plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture,
salt, derivative, mixture or preparation of the plant or its seeds or
resin.

6. Qualifying Patient
Both Plaintiff and Defendant have stipulated that
Plaintiff Joseph Redner is a qualifying patient.

7. Article X, Section 29(a)(1):
The the acquisition, possession, use, delivery,
transfer or administration of an amount of all parts
of any plant of the genus Cannabis, whether
growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture
or preparation of the plant or its seeds or resin not
in conflict with Department rules by Mr. Redner in
compliance with this section is not subject to
criminal or civil liability or sanctions under Florida
law

8. Judicial construction is not appropriate because
the plain text of Article X, Section 29(a)(1) is clear
The exact letter of precise constitutional construction
must be enforced and extrinsic guides to
construction are not allowed to defeat plain
language… Ambiguity is an absolute prerequisite
to judicial construction.”
Florida League of Cities v. Smith, 607 So. 2d 397 (Fla, 1992)

9. Medical marijuana takes many forms that are
explicitly described in the constitutional definition
a growing plant the seeds thereof resin
(oil capsules)
derivative
(distillate vape cartidge)

10. The Department cannot pick and choose which
types are acceptable.
a growing plant the seeds thereof resin
(oil capsules)
derivative
(distillate vape cartidge)

11. The Department has no authority to limit the form of
marijuana
Nothing in Article X, Section 29(c) LIMITATIONS limits a
qualifying patient’s right to any form of marijuana in the
definition.
Nothing in Article X, Section 29(d) DUTIES OF THE
DEPARTMENT gives the Department the authority to pick
and choose between the forms of marijuana in the
definition.

12. Where the plain text of the constitution is unambiguous,
the State Legislature may not construe it any other way
A constitutional provision which is clear and explicit
cannot be given a meaning by the legislature which
conflicts with the terms of such provision.
State v Florida State Improv. Com. 47 So 2d 627 (Fla, 1950)

13. By rule, public pronouncement and in testimony, the
Department is denying Mr. Redner this immunity
Rule 1.01- Marijuana for
Debilitating Medical Conditions
Adopts limits on “medical use”
from f.s. 381.986 (2017) not
contemplated in Article X, Section
29 prohibiting the possession of
marijuana seeds and flowers.
“The Office of Medical Marijuana Use
develops rules and regulations as required
by Article X Section 29 381.986. There is no
mandate to create a rule for home grow as
home grow is not contemplated in either
place.”
– Courtney Coppola, Deputy Director of the
Office of Medical Marijuana Use f, in deposition on March 8th, Page 21.

14. For more than a year, the Department has failed to
engage in basic rulemaking required by the Constitution.
Article X, Section 29(d)(1)d requires the department to, within six
months of the adoption of the amendment, promugate:
“A regulation that defines the amount of marijuana that could
reasonably be presumed to be an adequate supply for qualifying
patients’ medical use, based on the best available evidence.”
Deputy Director of the OMMU in deposition on March 8th, 2018 at
page 31,32:
Q: “Are you aware of any daily dose amount limits that have been
adopted by the department?”
A: “No”

15. The Department has not set a daily dose limit, nor
set a deadline for such a rule
Mr. Redner’s medical needs cannot accommodate the
inaction of the department.
Article X, Section 29(d)(1)d:
The presumption as to quantity may be overcome with evidence of a
particular qualifying patient’s appropriate medical use.
He consulted with experts and his doctor and gathered
evidence to determine a reasonable amount of growing
plants to possess to maintain his daily regimen.

16. Mr. Redner’s Regimen
=
Juice fresh cannabis leaves and flowers in sufficient
amount to produce 8 oz of juice. Drink daily.

17. Dr. Barry Gordon issued a physician’s certification to Mr. Redner and the
Department in order for Mr Redner to achieve desired regimen
• 2000 mg Total Cannabinoids Daily – Oral (Raw Juiced Product)
• Suggested regimen of plants – 8 live flowering, 16 live mature plants
• Taking into account a possible 50% loss rate, a recommendation of 32-40
plants is reasonable

18. 1 Ft
2 Ft
3 Ft
8 mature flowering plants
8 mature plants
(1.5 feet tall)
8 mature plants
(1 foot tall)
16 seedlings
(6 inches tall)
Practically, this means Mr. Redner will grow:

19. His growing plants are no more
security risk than the marijuana oil
he obtains from MMTCs, for which
there are no security regulations.
Mr. Redner will keep his small growing area
on his own property behind two locked
doors in a room with no windows, not
visible or detectable to his neighbors.

20. Florida is not unique in granting immunity for
patients for possessing growing plants.
Maine
Colorado
Nevada
California
Oregon
Hawaii
Washington
Washington D.C.
Massachusetts
Michigan
Vermont
Alaska

21. We contend that judicial construction is unnecessary
when the plain text is unambiguous.
But, assuming arguendo that any alternative interpretation
argued by the Defendant has merit, all terms of the
amendment must be construed in harmony.
There is no merit to Defendant’s argument that the
mention of “cultivate” in the definition of Medical Marijuana
Treatment Center in (b)(5) somehow excludes substantive
parts of the definitions of medical use in (b)(6)and
marijuana in (b)(4)

22. The amendment creates immunities for three distinct
entities:
• Qualifying patients and their caregivers
• Physicians
• Medical Marijuana Treatment Centers
There is no language in the amendment that creates any
conflict in these distinct immunities and no indication
they cannot be read in harmony.

23. Medical Use
Article X, Section 29(b)(6)
• acquire
• possess
• use
• deliver
• transfer, and
• administer
• acquire
• cultivate
• possess
• process
• transfer
• transport
• sell
• distributes
• dispenses or
• administers
MMTC
Article X, Section 29(b)(5)

24. Medical Use
Article X, Section 29(b)(6)
• acquire
• possess
• use
• deliver
• transfer, and
• Administer
• acquire
• cultivate
• possess
• process
• transfer
• transport
• sell
• distributes
• dispenses or
• administers
MMTC
Article X, Section 29(b)(5)

25. All terms in the amendment can be construed in
harmony
The amendment should also be construed as a whole
in order to ascertain the general purpose and
meaning of each part; each subsection, sentence,
and clause must be read in light of the others to form
a congruous whole so as not to render any language
superfluous. Less latitude is permitted when
construing constitutional provisions because it is
presumed that they have been more carefully and
deliberately framed than statutes. City of Jacksonville
v. Continental Can Co., 113 Fla. 168, 172,151 So.
488, 489 (1933).
D.E.P. v Millender 666 So.2d 882 (Fla, 1996)

26. THC-A is a Medical Necessity for Redner
Q: “Let me ask you this question. Is THC-A, and the benefits that you have
depicted in this presentation, can you get that from anything other than the
raw, growing plant.”
A: “No. The raw growing plant is the source of THC-A”
- Dr. Sulac Testimony, 12/20/17 Hearing
“Juicing raw cannabis has been found to be an optimal route of
administration in the effort to prevent cancer”
– Dr. Barry Gordon, Physician Certification 2/8/18
”Mr. Redner’s lack of access to raw plant could impede his continuing
freedom from cancer.”
– Order, page 32, 1/24/18

27. Here we have a type of marijuana that the
evidence shows is the only way for Mr.
Redner to get the medical relief he is
seeking, that is guaranteed to him under
the Constitution.

28. Mr. Redner seeks declaratory judgement
that he is immune from prosecution for
possession of a growing plant, and
injunctive relief mandating that the
Department should adopt rules to ensure
the availability and safe use of growing
plants.