Redner's lawsuit to allow home grown pot moves forward

TAMPA (FOX 13) - A recent court ruling could bring a big change in the rules for medical marijuana in Florida.

The decision is based on a lawsuit filed by prominent Tampa businessman and political activist Joe Redner.

He wants anyone who needs medical marijuana to be allowed to grow it themselves.

The court ruling did not allow Redner to start growing right away. But it also threw out the Health Department's push to dismiss the case.

Redner has sued for the right to grow marijuana so he can juice it and treat the after-effects of his battle with cancer.

"This is so important to me and the other patients who are suffering in the state of Florida who can't afford the predatory prices," Redner told FOX 13 News.

Right now, the state Department of Health only allows certain dispensaries to grow, which Redner insists is a violation of the state constitution. 

A judge on Wednesday denied the department's motion to dismiss the case, but also said he couldn't start growing right away.

But it could go to trial.

"I think [the case is] a lock," he said. "I can read the amendment. I have been using the law and constitutional amendments for 35 years to fight the state."

Redner's is one of six lawsuits moving through the courts that will further dictate who is allowed to grow, sell, and use medical marijuana.

"The significance of this decision is changing the whole market in the state of Florida," said pro-medical marijuana attorney Mike Minardi.

Minardi believes that if ordered, the Department of Health would have to decide how much marijuana a patient would grow, and what rules would come along with it. 

"You have some plants that are just starting, you'd have plants that are a little bigger, so you never run out," said Redner. "You can get your medicine every day."

Once the circuit court decides on Redner's case, experts say the ruling will likely be appealed to the State Supreme Court.

The Department of Health says they are reviewing the ruling and evaluating options for the best path forward.