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Tallahassee Judge Hears Arguments in Smokable Medical Marijuana Case

January 25, 2018 - 2:00pm

A Tallahassee judge heard arguments over whether or not Floridians should be allowed to smoke medical marijuana on Thursday, kicking off a controversial case between pro-medical pot advocates and state attorneys who say smoking shouldn’t be allowed. 

State attorneys told Circuit Judge Karen Gievers the plaintiffs in the suit have no standing to sue since they are not “qualified patients” who have undergone the process to receive medical marijuana in the Sunshine State. 

The plaintiffs say they need smokable marijuana but can’t legally obtain it, hence why they filed the suit. 

Florida voters overwhelmingly supported an amendment to expand the use of medical marijuana in 2016, but while the amendment provided for wider use of medical pot, it did not allow for the smoking of the drug.

Under current law, Floridians can use edibles, vaping, oils and pill forms of medical cannabis. Prohibiting smoking the drug quickly became a hot button issue for some medical marijuana advocates throughout the state.
Orlando attorney John Morgan, who was largely responsible for crafting the amendment, said he planned to sue the state to allow suffering patients to smoke the drug. 
“Great Scott!! I'll be filing my lawsuit for smoke as soon as it goes into law,” he wrote on Twitter last summer. 
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.”

Attorneys for the plaintiffs agreed, saying although the amendment’s definition allows for smokable marijuana, the provision is not explicitly stated in the amendment language. 

“If you’re the Legislature, why would you pick out smoking and say no? Because [this amendment] allows it,” attorney Jon Mills said. 

Plaintiffs said they believed the Florida Legislature was acting erroneously and placing limitations on suffering Floridians looking for relief. 

“The Legislature’s taking the place of the doctors, telling us what we can and cannot do,” said Bob Jordan, whose wife Cathy, a plaintiff, suffers from Lou Gehrig’s disease. “We voted for the constitutional amendment so we wouldn’t be prosecuted for smoking cannabis.”

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.  
“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."


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



That's good Allison: ..."Floridians should be allowed to smoke medical marijuana on Thursday"... (misplaced modifyer mistake..?) EITHER way, I believe it's a bad "cause" put forth by a large variety of greedy, UN-SICK people merely looking to financially benefit "off the backs" of a small minority of legitimately afflicted people (who have "options" available to them at their various medical facilities). This is more about 'creating businesses' than 'healing'... An obvious example of that is: The Legislative Question: "How many Black Farmers can we 'fit on the head of a pin' to grow, package, supply, and benefit from "medical marijuana businesses", and still comply with the "Emancipation Proclamation era, three fifths compromise", without alienating anyone of ANY OTHER color"??? ANSWER: "Medical Marijuana" is NOT the "business to legitimize" under "majority rules" by self-interested profiteers. {Having said that,.. Can there be ANY rational recompense for for the "pro MM" 'one note idiots' posting here on a regular basis?!?... I think not ! }.....(Take two Aspirins, and call me in the morning, Boys...)

These state lawyers should be ashamed of them selves for what they are doing to the sick people of Florida. I hope that one day when they realize the blood money they have earned for defending such a shameful position will drag them down to those dark places little understood and forever ignored.

Pot has been legal for sick people who need it for health reasons is in the state constitution for decades and our Supreme Court of Florida has twice ruled those who need it have a right to grow and use it.............. I know of multiple cases that have been dismissed on those grounds and plan to use it if they come for me as I'm legal because of it ..................They need to legalize most drugs as the problem is mental health, not drugs..............Addiction is not a problem medically but making it illegal causes it to be 10x worse. .......Tax it and use the money for mental health care is the ONLY solution.

This is just plain dumb. Weed is easy to acquire in FL. Basically the only people who can't get it are those who are laid out due to illness. These arguments are pointless and only make sick peoples lives more difficult. Besides, it will be legal and full retail soon enough - get with the time FL!

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