State health officials battle with Florida patient over legal costs in 'homegrown' marijuana case

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PHOTO VIA WIKIPEDIA
The Florida Department of Health is appealing a ruling that would require it to pay more than $30,000 in legal costs in a fight about whether Tampa businessman Joe Redner should be able to grow his own medical marijuana.

Leon County Circuit Judge Karen Gievers last week said the state should pay $30,299 requested by Redner’s attorneys for costs related to such things as expert witnesses, according to court documents.



The Department of Health quickly filed a notice that it was appealing Gievers’ decision to the 1st District Court of Appeal.

The state has argued, in part, that it should not be required to pay costs while an appeal remains pending in the underlying legal fight about growing medical marijuana.



Gievers this spring sided in the underlying case with Redner, who contends he should be able to grow his own medical marijuana to try to prevent a recurrence of lung cancer.

Redner’s argument is rooted in a 2016 constitutional amendment that broadly legalized medical marijuana in the state.

But the Department of Health has appealed the ruling in the underlying case to the 1st District Court of Appeal.

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