On May 25th, Judge Karen Gievers ruled that the state law that bans people from smoking medical marijuana is unconstitutional. The Department of Health appealed the ruling which resulted in an automatic stay. At this hearing, Judge Gievers hears a motion filed by People United for Medical Marijuana, Inc. to vacate that automatic stay.

In 2016, Florida voters approved Constitutional Amendment 2 allowing use of marijuana for debilitating medical conditions. On June 23, 2017, Governor Rick Scott signed SB 8A into law which implemented Amendment 2 but excluded smoking as a method for medical treatment.