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John Morgan: I'll Sue for Smokeable Marijuana, and I'll Win

June 21, 2017 - 3:30pm
John Morgan
John Morgan

John Morgan says it’s a patient’s right to be able to smoke marijuana.

So fervent is Morgan in his belief that he is prepared to sue Florida over the state’s newest medical marijuana regulations, which prohibit smoking the drug outright.

On Wednesday Gov. Rick Scott said he would “absolutely” sign the Florida legislature’s proposal to regulate the state’s booming medical marijuana industry, which is only set to expand as time goes on.
"They worked hard to get a bill that made sense,” Scott said. “I think, in anything like this, there's a process on how to make things better.”
It didn’t take long for Morgan to respond, saying he was ready to head to court as soon as Scott’s signature hit the bill.
“Great Scott!! I'll be filing my lawsuit for smoke as soon as it goes into law,” he wrote on Twitter
The current proposal to regulate medical marijuana allows patients to ingest the drug via edibles, oils or vaping, but prohibits smoking the drug -- an issue that has pro-medical marijuana advocates up in arms. 
Morgan says state lawmakers didn’t quite understand the intent of Amendment 2, which he largely crafted with other pro-medical marijuana advocates.
“I don’t know what their problem is with smoke but that’s clearly the intent of the amendment,” Morgan said.  “I will get to sue them to allow medical marijuana to be smoked.”
Morgan told Sunshine State News Amendment 2 restricts patients from smoking the drug in public, but said the underlying implication is that medical marijuana can be smoked in the privacy of patients’ homes.  
The firebrand attorney is confident he will emerge victorious.
“The reason I will win is because the amendment says clearly that medical marijuana may not be smoked in public, but if it may not be smoked in public it may be smoked in private,” he said.
The Orlando attorney said he believed lawmakers feared marijuana, with the ban on smoking being just another way to voice their disapproval over the alternative medication.

“They’re making it a health issue like someone in chemotherapy is taking a few tokes,” Morgan said. “It’s a bunch of people who don't understand what they don't understand. When you're dying the last thing you care about is the smoke from marijuana."
Other medical marijuana advocates agreed.
“I think it’s silly that the legislature insists on banning the single most common method of consumption of marijuana,” Florida For Care executive director Ben Pollara told SSN. “It’s also contrary to the definition of ‘marijuana’ and ‘medical use’ in the Florida Constitution.
Morgan told SSN he had already started preparing the lawsuit, enlisting former Florida politician and fellow attorney Jon Mills to help him snag a win for smokeable marijuana. 
Morgan said he plans on filing the lawsuit when Scott signs it into law. The governor officially received the bill Monday and has two weeks to sign the bill.


Reach reporter Allison Nielsen by email at or follow her on Twitter: @AllisonNielsen.


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This is political grandstanding, but it's extremely effective grandstanding. The sad truth is that NO medical professional (except those with an agenda to sell pot to the public) approves of SMOKEABLE "medicine." If the goal is to legalize weed for recreational use, and clearly it is with this guy and many others, I support being honest and putting that amendment on the ballot with that wording. It might very well pass, and it would be clearly the will of the people.

We already knew your intentions John; It was no secret, it was a "natural progression" for you. The question is: Did you ever get your law license back yet? Or will YOU be the ACTUAL plaintiff in your planned "lawsuit"?

Yes he has the actual plaintiffs the ones who voted for it!!!!

You wish you were 1/2 the man Morgan is.

Not the drunken profane half, anyway.

Morgan is nothing but a Ambulance Chaser...he does NOTHING unless it gets him Media Attention & preys on people to Make Money in his Pocket...the WEED thing on Medical weed is a JOKE.....and just wait till you see THE HARM it's going to do on Kids in Florida...Just as PAIN CLINICs for Opiods has Done......WE the People may just SUE ....Morgan since he is in the Suing mood on weed.....ha...

Well, fortunately we have dozens of states to use as an example and based on findings in those states your comparison is grossly wrong. Please evacuate this area of operation and leave it to the informed. Harm to children like opiates. What an ignorant comment, devoid of any realistic perspective.

Alcohol does nothing but kill and it's legal. And you're worried about a joint. Wake the hell up. 0 people have died smoking weed. So drink your drink and die so the rest can smoke and live.

Are you kidding me? I live with a Vet that has MD. Cannot take opiates and doesn't drink. Have you seen a full blown MD attack? I have. To not have this available to him after we both voted on it is stupid at best. Do a little research - first why is it a schedule 1 narcotic. Second - how many people have od'd. Third - exactly why is it non- smoke only?? Maybe so we can pay to have it processed?? Well, we'll see...

You need to do your homework you CAN NOT get addicted to marijuana and you can never over dose on it either like the Opioids you talk about

Maybe you're right about the ambulance chasing, but you're misinformed if you think it's going to negatively effect children's use of cannabis. Look at the research, instead of using purely emotional reason, with no real logical basis for said thought. Only an idiot would compare the opiod crisis to a safe plant.

I''m not a big Morgan fan myself, but he's right. The State will probably go out and hire some politically connected outside law firm to handle the suit and, hundreds of thousands of taxpayer dollars later, the courts will rule that the Bill stating that smoking in public is prohibited does not mean that smoking is prohibited entirely. Between the foot-dragging, ridiculously Byzantine cultivation policy, hair-splitting dispensary regulations and opaque patient application procedures, the Mandarins are obviously desperately trying to make the use of medical marijuana as difficult and onerous as possible. Then they can say that the people who need medical marijuana aren't even using it and, therefore, we need even more restrictive regulations so ensure that it isn't "abused" or 'falls into the wrong hands".

They're marionettes not 'Mandarins'.

I'm never surprised that a lawyer wants to sue for the idea that John KNOWS he's going to win, isn't truthful...he THINKS he's going to win...unless, of course, he has a judge in his pocket...John wrote the amendment along with Jon Mills, and they purposely left it unclear about smoking pot...they did it, exactly so that John could sue...this is the gift that keeps on giving - it brings publicity, which brings money...John could have easily written the amendment succinctly that smoking was legal, but he didn't because the amendment wouldn't have won the support it did get...which is exactly why he wrote it in the negative - where it couldn't be a court of law, and with the author picking his words, the courts ultimately will decide that the language speaks for can't smoke in public...that DOESN'T mean you can smoke in private, if so, John could have said that...he didn't...John don't trip on your way to the court'll lose in the end!

No pooping in Florida. Public or private.

WELL said!

Barney, You said smoking marijuana as not even in the amendment. Wrong. The amendment clearly allowed banning public smoking ?the voters expected and understood that smoking would be allowed in private and the courts will agree.

What is the matter with this guy? This weed will be able to be controlled the same way all the other killer drugs are - there are always the under life who are able to get it and sell it to others - we have a major problem in the US and he is adding to the problem. You GeChang are correct - he just sees the dollar signs in the lawsuits. If he runs for governor and is elected he will just sign it into legislation - we Floridians have to keep our eyes on him. America needs to sober up and get the John Morgans in the world out of our faces ASAP.

Speak for yourself!

Yo, "Jess"... he IS speaking for himself, and ALL FLORIDIANS who prefer American FREEDOM over Socialism.

Marijuana is by far NOT a killer drug. Opiates kill. Alcohol kills. Tobacco kills. There is concrete, scientific evidence of this. Marijuana has killed NO ONE. EVER. There is concrete, scientific evidence of that also. Wake up and do some research before you make unfounded statements which have no basis in truth.

Marijuana was selectively grown for over 10,000 yrs to be safely smoked as the best delivery method. Fact is smoking is self limiting as you can't smoke much before you'll just go to sleep........................ Nor can you eat enough dry pot to hurt yourself........................... But concentrate it and even pots amazing safety record of no known poisoning ever, will be changed.................... Pot either smoked or by heating it in it's natural form, is by far the safest relief delivery you can get..................... The others are mostly just marketing ploys that can get dangerous too easily. Also more likely to be adulterated .....................Anyone against pot has serious issues as why likely the safest drug that could give relief to millions without addition, increasing doses until they don't work.................... Instead wake up refreshed, ready to take on the new day............................ My only other choice than pot is opioids. Should I take them instead of pot?........................ Well I certainly don't think so. If you do, you need to seriously look at your value as a decent human being. .............. And people should be allowed to grow their own for personal use as why pay $300/ounce when you can grow it near free?.................. And yes Morgan will win, deal with it

I couldn't agree more with everything you said...well done!

Ambulance chasing attorney John Morgan is a disgrace to the legal profession! He never saw a lawsuit he didn't like. "For the People" - I think not. He's for John Morgan and no one else! He sees nothing but $$$ thinking of all the lawsuits and laughable settlements his firm will handle for suckers who fall for his marketing tactics. Makes me ashamed to be an attorney.

What he really wants to do is legalize mj.


Decriminalize! ✌

I hope he does. Its high time! (See what I did there?) Colorado is a great example of this. Revenue from sales can do a lot of good! Its a waste of tax payers money to keep arresting people for a plant and ruining their lives.

I love your pun, and why can't states just look to others that are already effective, like Colorado? I agree. And it should seriously be decriminalize.

I believe he will win as well. The intent is clearly there as indicated. It would be like saying you can take pain meds, but you can't take pills...idiots...


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