Nursery Tells 11th Circ. Pot License Constitutionally Protected

Law360 (June 29, 2020, 4:56 PM EDT) -- A Florida nursery fighting to get one of the state's few medical marijuana licenses told the Eleventh Circuit on Friday the U.S. Constitution protects a property right to the licenses even if Congress has outlawed marijuana because the right itself is created by state law.

Louis Del Favero Orchids, which also has ongoing litigation in state court over Florida's licensing process, urged the federal appellate court to revive its suit against the Florida Department of Health over its failure to review the business's application.

The nursery's suit, which brought claims against the department under the 14th Amendment's right to due process,...

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