Orlando trial attorney John Morgan has filed a lawsuit against Florida over the state’s ban on medical cannabis smoking. As the chief financier of the push to legalize medical cannabis in Florida, Morgan has long threatened to sue the state if the legislature banned medical cannabis smoking.
Lawmakers behind the bill argue that they were within their right to ban smoking because it is not expressly permitted. Morgan’s suit alleges that the smoking ban is inconsistent with the state constitution’s definition of the “medical use” of cannabis.
As defined by Amendment 2, “‘Medical use’ means the acquisition, possession, use, delivery, transfer, or administration” of an unspecified amount of cannabis. The definition does not, however, restrict or define the acceptable methods of consumption.
By banning medical cannabis smoking, the legislature has passed a bill that is inconsistent with the constitutional definition of “medical use.” By redefining the “medical use” of cannabis, the state legislature is substituting the opinion of medical professionals for that of their own.
The suit goes on to argue that while the smoking of medical cannabis is not explicitly permitted, it is heavily implied that it is.
“The amendment said smoking was not allowed in public places. I don’t think you have to be too much of a scholar to understand that that means it is allowed in private,” Morgan told the Sun Sentinel. “I don’t know how much simpler it can be than that.”
Morgan went on to say that if he’s pushed too far, he’ll simply circumvent the issue by seeking a constitutional amendment to legalize recreational cannabis as well.