John Morgan is an Orlando lawyer who helped write some of the medical marijuana bills that were signed by Gov. Rick Scott in law near the end of June. Now, Morgan is suing the state over the Smoking Ban that violates the use of medical marijuana in Florida, which the law says that people should be capable of smoking the plant if they choose to do so. Like Joe Redner, he wants total use of the plant to be available to some medical marijuana applicants except, John Morgan is not interested in growing his own cannabis plants like Redner who has terminal lung cancer.

Morgan's lawsuit

John Morgan filed the lawsuit yesterday morning at the Leon County Circuit Court.

His question to the court, ask if the ban on smoking be unenforceable. Morgan wrote in his speech on behalf of the Florida For Care Inc. non-profit group that promoted the initiative. “Inhalation is a medically effective and efficient way to deliver THC to the bloodstream,” he said in his speech to the Circuit Court judges.

Morgan is also familiar with the wording of the cannabis bill because he was in a special session last month with Governor Candidate Adam Putnam and other Congressional representatives in trying to produce a bill that was agreeable on both sides of the table for Senate and House members

Morgan’s lawsuit states that the law excludes smoking the plant because the law considers it to be a non-medical use. Therefore, the exclusion of smoking violates the Constitutional process because it decides what patients should take over a licensed doctor in Florida that can prescribe cannabis for his patients what to suggest for them.

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Smoking discussion

The Amendment 2 when it was written was open to debate about smoking, but smoking is not allowed in public places. However, there is an option to smoke it in the comforts of your own home if the ban is lifted.

Gov. Rick Scott signed a provision following the medical marijuana bill being legalized stating that the medical use of marijuana excludes the use of marijuana that allows someone to smoke it. Morgan wants to provision to be redefined to include smoking so that it mirrors what is considered medicinal in the law.

The problem now is down to the Leon County Circuit Court. If they agree with the provision to be rewritten, then the task falls on the Department of Health in Florida. Money from the sales of cannabis in Florida will go to Moffitt Cancer Center for research on cannabis.