In 2016, voters approved an amendment to the state constitution to allow the use of marijuana for medical purposes. The Amendment requires the Department of Health to issue regulations to implement and enforce its safe use. In 2017, the Florida Legislature amended a Florida statute governing medical marijuana in relation to the constitutional Amendment. Florigrown and others filed a lawsuit in the trial court challenging the constitutionality of the statute. The trial court entered a temporary injunction against the enforcement of the statute based on a determination that Florigrown has a substantial likelihood of success on the merits of its claims. The Department of Health appealed to the First District Court of Appeal, which agreed with the trial court but certified a question of great public importance to this Court for review.

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