Judge rules man can grow his own pot

A court ruled Wednesday that Tampa strip club owner Joe Redner can grow his own marijuana for medical purposes, a decision that lawyers say could lead to a wave of similar cases.

The ruling by Leon County Circuit Judge Karen Gievers applies only to Redner, 77. The Florida Department of Health responded quickly, filing an appeal.

The department had said Floridians are barred under state rules from growing cannabis for their personal use, including those who are legally registered as medical marijuana patients.

But Redner and other critics across the state say the health department continues to create barriers for more than 95,000 registered patients in Florida that could benefit from marijuana. Redner is a stage 4 lung cancer survivor and a registered medical marijuana patient.

“Under Florida law, Plantiff Redner is entitled to possess, grow and use marijuana for juicing, soley for the purpose of his emulsifying the biomass he needs for the juicing protocol recommended by his physician,” Gievers said in her ruling. The word “solely” is bolded and underlined for emphasis in the document.

“The court also finds that the Florida Department of Health has been, and continues to be non-compliant with the Florida constitutional requirements,” the judge added, referring to the constitutional amendment approved by voters in 2016 that made medical marijuana legal.

Redner's attorney, Luke Lirot of Clearwater, said the judge was right to “castigate the health department for being a barrier to medicine.”

While the ruling affects only Redner, Lirot says his case “does provide a usable approach for other people whose doctors will certify that this is of value.”

In the meantime, the state's appeal will block Redner from growing his own marijuana right away. Lirot said his first order of business will be to try to lift the stay that prevents Redner from growing and juicing marijuana during the appeals process, which likely won't begin until late this year or early next year.