Chiding a judge who sided with sick patients and saying plaintiffs likely won’t win on the merits of the case, an appellate court refused to allow smokable medical marijuana while a legal fight continues to play out.

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The ruling by a three-judge panel of the First District Court of Appeal came in a lawsuit initiated by Orlando trial attorney John Morgan and others who maintain that a Florida law barring patients from smoking their treatment runs afoul of a 2016 constitutional amendment that broadly legalized medical marijuana.