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MIAMI (CBSMiami/AP) — A Leon County circuit court judge has lifted a stay on smoking medical marijuana.

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Judge Karen Gievers on Tuesday upheld her May 25 ruling that the Florida Legislature’s provision banning smokable medical marijuana is unconstitutional. The stay will officially be lifted next Monday. Gievers wrote delaying her ruling any further would create irreparable harm to patients.

The state’s Department of Health had filed an appeal of Gievers’ original ruling, which automatically put it on hold.

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Even with the stay being lifted, smokable medical marijuana will not immediately be available for sale at treatment centers.

That’s because the Department of Health must come up with rules for cultivation and distribution, which could take several months.

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(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)