An appeals court will hear arguments Jan. 8 in a legal battle about whether a ban on smoking medical marijuana violates a 2016 constitutional amendment.

The 1st District Court of Appeal on Monday scheduled the arguments in an appeal filed by the Florida Department of Health, according to an online docket.

The case stems from a 2017 state law that was designed to carry out a voter-approved 2016 constitutional amendment that broadly legalized medical marijuana.

The 2017 law included a ban on smoking marijuana, which drew a challenge from plaintiffs including the group People United for Medical Marijuana and two patients.

Leon County Circuit Judge Karen Gievers ruled in May that the smoking ban violated the constitutional amendment.

But supporters of the ban have argued that smoking poses health risks for patients, who can use medical marijuana in other forms to treat their conditions.

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