The legalization of marijuana comes with numerous benefits at both the macro and micro levels. This is a big part of why attorney John Morgan over in Florida voted “yes” on medical marijuana with a 71% approval rating.
However, things took a negative turn and now Morgan is suing the state of Florida over its marijuana legalization and its smoking ban on medical marijuana.
Florida state legislation prohibits the smoking of marijuana. Medical marijuana patients are permitted to vape or consume edibles (including capsules and oils), but smoking is prohibited.
Morgan, who serves as chairman of People United for Medical Marijuana, maintains this ban violates the Florida Constitution and the intentions of those who voted in approval of the amendment.
“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’s lawsuit states.
The biggest issue here is the distinction between banning the smoking of medical cannabis in public versus in private. The way the ballot amendment was written (and the voters approved) made it sound like smoking medical marijuana in public could be prohibited. However, there was no mention of smoking it in private.
Morgan’s issue with this is that, if it’s not allowed in public, then it should be allowed in private. This was the initial intent of that amendment, and is what the voters were backing when they approved it.
Morgan stated he plans to further push the issue by creating a state constitutional amendment that legalizes marijuana.
Read the original news story here.
What do you guys think of this? Do you support his lawsuit? I, for one, feel that the banning of smoking medical marijuana in private is unfair and goes against what the people were voting for.
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