Orlando-based Attorney John Morgan, who financed the campaign to pass Amendment 2, will be filing suit Thursday to force the State to allow patients to smoke medical marijuana.
Orlando-based Attorney John Morgan, who financed the campaign to pass Amendment 2, will be filing suit Thursday to force the State to allow patients to smoke medical marijuana.
A 9:30 a.m. news conference has been scheduled in front of the Leon County Courthouse to reveal details of the suit, according to WESH 2 News sources in Tallahassee.
Morgan also tweeted this afternoon that he would be heading to Tallahassee in the morning to file suit “on behalf of citizens and patients of Florida!”
Ben Pollara, head of “Florida for Care,” which spearheaded the movement to pass a Constitutional amendment to allow full strength medical marijuana in Florida, also confirmed a news conference with Morgan is planned.
Morgan told WESH 2 News in June he would sue the State if it did not permit cannabis in smokable form. The State has established rules that allow “vaping” as well as various oils and lotions, but lawmakers did not write “smoking” into the legislation that passed, implementing Amendment 2, when they met in a June special session. The Health Department’s Office of Compassionate Use, also did not call for rules allowing cannabis to be smoked as medicine.
In the language of Amendment two, which was passed by more than 71% of voters last November, there is a reference to disallowing “smoking in public places.” Morgan will likely argue in the language of his lawsuit that that was a clear reference to indicate smokable marijuana was authorized by the voters.
WESH 2 News will provide more details on this developing story as they become available.
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