Marijuana-growing battle goes to state Supreme Court

Arguing that “emergency relief is clearly warranted and urgently needed,” attorneys for a Tampa businessman are asking the Florida Supreme Court to step into a legal battle and allow the lungcancer patient to grow medical marijuana for his own use.

The filing late Tuesday afternoon by attorneys for Joseph Redner, who made his fortune as a strip-club owner, is the latest move in a dispute about patients being able to grow marijuana under a 2016 constitutional amendment that broadly legalized the use of medical cannabis.

A Leon County circuit judge last month ruled that the Redner should be able to grow marijuana for a treatment known as “juicing” to try to prevent a relapse of lung cancer. But the Florida Department of Health appealed to the 1st District Court of Appeal, which has blocked the circuit judge’s ruling from taking effect while the case moves forward.

Using a relatively unusual legal procedure, Redner’s attorneys Tuesday asked the Supreme Court to lift a stay imposed by the appeals court and allow Redner to grow his own pot. The 36-page filing, which asks the Supreme Court to invoke what is known as its “all writs” authority in the case, contends that the 2016 constitutional amendment allows patients to grow marijuana and that Redner will be harmed if the stay remains in effect.

The filing also said the dispute will end up the Supreme Court eventually, no matter how the appeals court rules on the underlying issues.

The appeals court in a May 1 decision on the stay appeared to be skeptical of Redner’s arguments about growing marijuana.

But in the filing Tuesday, Redner’s attorneys said the stay should be lifted as the underlying issues continue to be debated.