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Update: The First District Court of Appeal issued the order to show cause a little more than an hour after a motion was filed to review the lifting of the stay. The court did not give Redner the full 10 days to respond as the rules allow.  Redner will have until Thursday to respond.

 

A circuit court judge has lifted a stay preventing Tampa night club owner Joe Redner from growing his own marijuana for juicing.

Last week a circuit court judge ruled a state law prohibiting Tampa Night Club Owner Joe Redner from growing his own plants violated his constitutional right to use medical marijuana.

The state appealed, automatically putting that ruling on hold.

Back in court, Redner’s lawyers argued halting his treatment puts his health at risk.

“Mr. Redner wants to remain in remission. Everyday he misses, we just can’t get that back,” said Redner’s Attorney, Luke Lirot.

The state argued the stay should stay in place because Redner isn’t currently growing marijuana so he isn’t losing anything.

“Mr. Redner has never been receiving the treatment that he is trying to get with this order,” said Department of Health Attorney, Jason Gonzalz.

The judge sided with Redner a second time.

“There really shouldn’t be any obstacles to doing this,” said Lirot. “It’s that sacred relationship between a doctor and a patient that the department has put its foot into with out any right.”

The state will again seek to put the ruling on hold.

This ruling does not allow anyone other than Redner to grow marijuana.

But the ruling could play a role in other pending cases, including John Morgan’s NoSmoke is a Joke lawsuit.

“I think that this court will find that limiting smoking marijuana is also an unconstitutional deprivation of the plain language of amendment 2,” said Lirot.

If it stands, the ruing would open the door for other patients to seek the same treatment.

The suit now heads to the 1st District Court of Appeal, but a final decision will likely have to come from the State Supreme Court.