FLA. DEP'T OF HEALTH v. FLORIGROWN, LLC

No. 1D18-4471.

320 So.3d 195 (2019)

FLORIDA DEPARTMENT OF HEALTH, OFFICE OF MEDICAL MARIJUANA USE, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use, Celeste Philip, M.D., M.P.H., in her official capacity as State Surgeon General and Secretary of the Florida Department of Health, and the State of Florida, Appellants, v. FLORIGROWN, LLC, a Florida limited liability company and Voice of Freedom, Inc., d/b/a Florigrown, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 27, 2019.


Attorney(s) appearing for the Case

Jason Gonzalez , Rachel Nordby , and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellants.

Katherine E. Giddings , BCS of Akerman LLP, Tallahassee, Jonathan S. Robbins of Akerman LLP, Fort Lauderdale, Ari H. Gerstin of Akerman LLP, Miami, and Luke Lirot , Clearwater, for Appellees.


The Department of Health (Department) challenges the trial court's entry of a temporary injunction which:

(1) immediately enjoin[ed] the Department of Health from registering or licensing any [Medical Marijuana Treatment Centers] pursuant to the unconstitutional legislative scheme set forth in Section 381.986, Florida Statutes, (2...

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