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Trial Lawyer Morgan Challenges Medical Marijuana Smoking Ban
July 7, 2017
Saying Floridians knew what they were voting on in November, Orlando trial lawyer John Morgan on Thursday followed through on threats to sue the state over a smoking ban included in a new law carrying out a constitutional amendment that broadly legalized medical marijuana.
Morgan, who largely bankrolled the medical-marijuana ballot initiative, had repeatedly threatened to launch a legal challenge over smoking, which he maintains was permitted in the amendment supported by more than 71 percent of Florida voters last fall.
Even so, lawmakers banned smoking of marijuana — but allowed patients to vaporize, or “vape,” pot products — in a bill approved during a special session last month. Gov. Rick Scott signed the bill, which went into effect last week.
“The people of Florida knew exactly what they were voting on, when they voted. When they were voting on it, the vast majority, if not 100 percent, knew that smoke was included. The fact that we are here today is really unnecessary, but here we go,” Morgan told reporters Thursday morning outside the Leon County Courthouse.
In the lawsuit filed in Leon County circuit court, Morgan accused a number of state officials, including Department of Health Secretary Celeste Philip, of “deprivation of rights and privileges” by prohibiting patients eligible for the treatment from smoking marijuana products.
Morgan said he intends to add as plaintiffs to the lawsuit patients who smoke marijuana as a treatment for their illnesses. Some patients insist that smoking marijuana, rather than ingesting pot by other methods, alone provides relief for their conditions.
In defending the ban on smoking pot products, legislative leaders maintained that, as is the case of cigarettes, smoking marijuana is bad for patients’ health, and that medicinal dosages can’t be controlled when the product is smoked.
But Morgan, in the lawsuit, argued there is no research indicating that smoking marijuana contributes to lung illnesses.
“In fact, marijuana was shown to increase lung capacity,” Morgan argued.
By banning smoking, Florida lawmakers put themselves in the place of doctors, who, under the amendment, are responsible for deciding patients’ course of treatment, Morgan maintained in the lawsuit.
The constitutional amendment bans smoking of marijuana in public places — language Morgan insists permits smoking on private property.
The sharp-tongued Morgan, who regularly uses expletives when speaking with reporters, said the interpretation of the law “is as clear … as it would be to any first-grader.”
He compared the language in the amendment to rules regarding the use of hotel swimming pools, where signs that prohibit pool use at certain times mean that swimming is permitted during the hours in which the activity isn’t banned.
But House Majority Leader Ray Rodrigues, an Estero Republican who sponsored the legislation and insisted on the smoking ban, defended lawmakers’ actions, saying he was certain courts would uphold the law.
Rodrigues said other states that permit smoking of medical marijuana made it clear in the proposals that went before voters.
“If you look at those other states, their constitutional amendments declared that it could be smoked and that it could be self-grown. If that’s what John Morgan wanted for Florida, he should have declared it in the amendment,” Rodrigues told The News Service of Florida on Thursday.
Florida law-enforcement officials, including sheriffs and police chiefs, encouraged the ban on smoking, saying an outright ban on “whole flower,” or what is more commonly known as “bud,” would make it easier to identify people who are breaking the law.
The issue is also rooted in a debate about whether smoking opens the door for recreational marijuana users, something Morgan rejected Thursday.
He accused Florida lawmakers of laying the groundwork for a recreational marijuana initiative in the near future. He said such an initiative would be pushed by advocates unhappy with the way the medical marijuana amendment was implemented, as has happened in some other states.
“They (the Legislature) have kicked the door wide open for recreational use of marijuana,” Morgan said. “They thought that this was their way of stopping people from backdooring the recreational use of marijuana. All they did, in the process, was to hurt the patients who need it the most.”
But Rodrigues said he “absolutely” disagreed with Morgan’s assessment.
States that have authorized recreational marijuana have three things in common, according to Rodrigues: smoking, self-growth and a large gray market for marijuana.
“We have implemented a system that does none of those things,” he said.
by Dara Kam, The News Service of Florida
Comments
12 Responses to “Trial Lawyer Morgan Challenges Medical Marijuana Smoking Ban”
If you believe you can’t O.D. on pot, thats OK with me.
NOD, yes what I said was correct … you cannot overdose on marijuana!! People overdose everyday from meds and alcohol that they can purchase legally. Proven fact ! Like I said before , try some research on the matter! It will prove what I’m saying!!
You can’t O.D. on pot it is a natural plant.??. Water is as natural as you can get and you can O.D. on it.
The research has shown many positive outcomes with the use of marijuana with multiple disorders without the adjunct use of pharmaceutical drugs. Watch the videos out there with its use with Parkinson’s disease. It is amazing! There are so many complaints from the large drug companies about the legal use of MJ because it will cut into their profits.They are selling Lortab and Percocet, etc. daily and use of MJ would cut into their monies. Everyone needs to understand that. I have a friend that obtained oils to use for the chronic pain for failed hip replacements and they are not requiring any narcotics for the pain at this time. I have never personally known of anyone using it that went out and robbed and killed anyone to get more drug money for their next fix unlike the street drugs now available! Just my opinion though.
Nod I DO agree with you about it being legal for the ones that live off the government ( me and you ) and expects to sit home on the couch and get stoned all day while I’m out working hard trying to support my family !! Then again , there are SO MANY that already do just that. They act like their sick , hire a lawyer and get a check once a month when there is NOTHING absolutely NOTHING wrong with them !!!
Nod, thanks for understanding what I’m trying to say. I know that my mom does not smoke actual marijuana. She smokes using the “vape” method. If I’m not mistaken, in FL the only medical use for it is Vape or edibles. Not actual pot itself. Myself personally have no problem with it being legal. I have smoked pot in the past and I didn’t overdose and I smoked quite frequently when I was young. I think that if it was legal , we may not have to worry as much about all the drugs that are rapidly killing our youth !! You cannot overdose on pot , it is a natural plant. Then again , you can overdose on meds that Dr’s LEGALLY prescribe everyday. You can overdose on alcohol that is LEGAL for us to purchase anytime we want it !! I promise you that if pot could hurt or kill you , I would have been DEAD a long time ago. Unfortunately I’m not able to smoke due to my job but if it was legal , I would most likely Fire one up on occasion. Research it ! What I’m saying is 100% true !!!
I believe medical pot is good for those who REALLY need it. But why does it have to be smoked and people get drunk on pot? Why not take it like a regular medicine. No other medicine is used by smoking it. I am 100% against recreational use of pot.
Michelle, there is nothing wrong with medical pot if that is what it is used for. It is my opinion that most people don’t care about medical pot, they just want to get high and this is the first step to making it legal. They used you for selfish purposes making you think they really care. It is all about the money and gettig high. If pot really helps your mother then God bless you and your mother, have at it. Morgan wants it smoked, why?
Nod is just another uneducated, close minded, small world view, cant think outside the box type person who,blocks up the fast lane and spends more time looking in the rear view mirror than looking straight ahead….sad sad sad we have so many dummies in this county….
NOD, you have absolutely no idea as to what your talking about. Medical Marijuana works for people who need it. My 72 year old mom is LIVING PROOF !! Her Dr put her on it and it amazes me as to how much it helps her condition. She has the last stages of MS and it helps with more than one thing. People are so quick to judge when they have ABSOLUTELY NO IDEA as to what their talking about and it’s very obvious that you don’t !! Maybe you should do some research on it. It may open your eyes. One day you may need it so don’t be so quick to judge this lawyer that is doing nothing but trying to HELP the people who TRULY benefit from it.
Morgan does not care about medical pot, he just wants to get high. All medicine is given a certain way and smoking pot is not good for the lungs. You got what you voted for, medical pot. If that is what you really wanted you won. Wah!
Silly that people actually have a say in a democracy…..Big Pharm, the Alcohol industry, and the restaurant associations all do not want legal pot. It means less money for them. It would be nice for just once folks to stop the charade like citizens are stupid, and do what the majority clearly wants.