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John Morgan Sues Florida for Smokeable Medical Marijuana

July 6, 2017 - 10:00am
John Morgan
John Morgan

Orlando attorney and medical marijuana amendment backer John Morgan has sued the state of Florida to allow suffering patients to smoke medical marijuana.

Morgan filed the suit in Leon County Circuit Court Thursday morning. 

In the lawsuit, Morgan asks Florida to declare the new medical marijuana law unenforceable because it lacks one key way for patients to ingest the drug: by smoking it.

“Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream,” wrote Morgan.

Former Democratic House Speaker and attorney Jon Mills joined in the suit as well, which Morgan had been talking about filing for months should the state legislature not allow medical marijuana in its latest proposal to regulate the state’s new, booming industry.

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 supporters 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. 

State lawmakers, the suit alleges, have crafted their own definition of the constitutionally defined term “medical use” to exclude smoking -- and that’s a big problem.

“By redefining the constitutionally defined term ‘medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is in direct conflict with the specifically articulated Constitutional process,” Morgan wrote.

Amendment 2, which passed with 71 percent of the vote last November, prohibits the smoking of medical marijuana in public places. 

Morgan says the underlying implication is that medical cannabis can be smoked in private.

“In the amendment, it is very, very clear that it says smoking is not allowed in public and that’s the only place smoking can be addressed by the Legislature,” Morgan said in a press conference Thursday morning. “It doesn’t take a genius to figure out if smoking isn’t allowed in public, it must be allowed in private.”

Critics have slammed the idea of smokeable medical marijuana as just another way to legalize recreational marijuana and questioned whether it was a medically viable way to ingest the drug.

"There's a reason why every single major medical association opposes the use of the raw, smoked form of marijuana as medicine: smoke is not a reliable delivery system, it's impossible to measure dosage, and it contains hundreds of other chemical compounds that may do more harm than good," said Dr. Kevin Sabet, President of nonprofit medical marijuana organization Smart Approaches to Marijuana.

New medical marijuana regulations are still fresh on the books in Florida. Just two weeks ago, Gov. Rick Scott tacked his signature onto a bill regulating Florida’s medical marijuana industry into law. 

If the Leon County court agrees with Morgan, though, it will be up to the Florida Department of Health to regulate the drug.

“They’re making it a health issue like someone in chemotherapy is taking a few tokes,” Morgan told Sunshine State News. “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."

Morgan said the real threat of medical marijuana came to the opioid industry, which has boomed in recent years as the nation has fallen into an addiction crisis with high instances of opioid abuse. 

"Every person using medical marijuana is a person who will not go to CVS...and buy their opioids which hook us, kill us and destroy our families,” he said.

The firebrand attorney wasted no time laying into House Rep. Ray Rodrigues, R-Estero, who sponsored the latest bill to regulate the medical marijuana industry in Florida -- but banned smoking in the bill.

"If Ray Rodrigues is so concerned about smoking, why doesn't he tax cigarettes $5 a pack?" Morgan asked. All of a sudden Ray Rodrigues is a doctor in the state of Florida? No!”

To Morgan, Thursday was just another step on the already long and winding road to legalize medical marijuana in the Sunshine State. 

“I started this thing in 2014 and this is the last promise I made to the people of Florida,” he said. “Promises made are promises kept.”



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


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Since probably 92% of the legislature has smoked pot...oh, yes, that is the issue isn't it? Smoking pot is called smoking pot because how people do it.

"John Morgan - FOR the People". Right. That motto could have been used by Marx, Lenin, Stalin, Hitler, Castro, put-put-Putin etc. It sounds so very Socialist to me. "If you let the Pigs decide it, they'll put you in the stie." Remember - Morgan raised over a MILLION BUCKS to support Killary...

he might have his own agenda but all those people you named in your post best represents Trump not Hilary. And what do all those people have to do with Florida cannabis? Absolutely nothing. Your just trying to reach on something that absolutely makes no sense. You either need to get off the grass or get on it because you are clueless.

You are now...right?

the people have spoken and the legislature is trying to impose gov't interference on things they don't like. Funny how they campaign on less gov't, except when it suits them. The hypocrisy is annoying to say the least...'s for the pain...and the only thing on planet earth that will alleviate the pain is Mary Jane...and it MUST be smokable. We have no other option....aaaaaand...we must make it so readily available....just in case someone can't get a "real" doctor to prescribe it. Just like abortion...because we may NOT be able to get a "real" doctor to kill the preborn child.

Amazing the degree of senseless anger that is expressed here. What business is it of anyone if a sick person wants to smoke rather than eat their medicine? That is something a Dr. and patient should decide. The rest of it is just partisan politics.

This is one more way for John Morgan to milk $$ for himself. He practically wrote the amendment so why didn't he make it more specific to include smoking medical pot??? The man has no morals and is nothing but an ambulance-chasing attorney looking for easy $$. Disgusting!!

I agree!!!!!!

Can you elaborate on that?

No need to elaborate on that' IT'S PERFECTLY CLEAR !

Like stated in the article that is the only way you can address smoking in the amendment.

No, a Legislator could create and introduce what is called a "Glitch Amendment" as the simplest solution. The Honorable Jon Mills, J.D. Esquire; former distinguished Legislator; and, Dean of the Levin School of Law at UF, adds 100% credence to John Morgan's Lawsuit. While both of them are distinguished Attorneys with the highest Practice qualifications, I am puzzled that they have chosen the "Lawsuit Route" as opposed to the very ordinary "Glitch Amendment Route".

It's all about the money!! Lawsuits require attorneys who usually charge a contingency fee of at least 30% of monies awarded to the plaintiffs. Multiple lawsuits mean much $$ for the plaintiffs' attorneys. Drafting an amendment to the lawsuit is not as profitable for John Morgen and his cronies.

Smoking it, no jonesing please!

Morgan another DEmoCrat Idiot trying toget Spotlight and then HE thinks he win Election if he Runs for Public Office....Ha...going after the Potheads & Drug Addicts toget hin Elected.....DREAM AGAIN....WE THE PEOPLE are get over it ON the one that posted we the people have spoken & thanking Morgan for Sueing FLORIDA on Smoke Weed.....YOU ARE DEMOCRAT POTHEADS..& DRUG ABUSERS...and WILL NEVER WIN....Ha.....

Not sure I am clear on your opinion other than you do n't care for John Morgan.

seems perfectly clear to me

Thank god for Morgan. We the peolle have spoken. Our decision is final.

OH, the "lawyer without a license sues" Florida.....What a jerk ! If jowls were gold, he'd be the richest man in Florida. Take the taxpayers' money "Morg", that's all you know. Like a squirrel, you carry your nuts in your jowls.

Hey John don't forget to add T.H.C. and go for the gusto!

I have 1 question, if smoking tobacco can cause cancer, won't smoking pot also cause cancer? There must be another way to use pot for medical reasons, but smoking pot could cause cancer an heart problems. 1 problem solved, but others come up.

Slow down and relax Albert. Now, let's research to get some feedback. Don't just do one and assume that is right. I'll get you started. Check this link out

If Drs. are able to inject poisons into our systems to kill cancer and prescribe pills that easily kill.....why is the legislature afraid to allow smoking of pot as a medicine? Perhaps they are afraid of losing votes.....Hey Guys there are more of the WOODSTOCK GENERATION on Social Security than not and they VOTE! And they are also likely to vote against STUPIDITY.

Yeah sure, Why Not introduce one more poison into your system? The WOODSTOCK GENERATION are already steadily 'drugged up', and they don't even 'clean up' to bother voting.

RGB - if someone in the legislative body would stand to gain, you not think that they would have allowed it by now? Follow the money is all you have to figure out. The GOP is not making money off of it, so like everything else the want to "Control" they won't allow it until they are the ones making money. Yes the Woodstock Generation does vote - and hopefully we'll can get out of the time warp called the 50s.

Isn't unbelievable the tangled web humans weave?

It is very sad that so many people have built a professional career on a lie. To see people repeat this lie about cannabis in order to maintain their jobs and careers makes me wonder what will these people do when eventually there will be enough truth in enough minds to remove cannabis from the government, gather your commen sense

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